Terms Of Service

TERMS OF SERVICE

Updated August 4, 2018.
Below you will find the terms and conditions (“Terms” or “Agreement”) of the Meal Plan Ninja website, email list subscriptions, meal plan subscriptions and other features. To register and use our Site and Services, you must be 13 years of age or older and agree to these Terms.
Meal Plan Ninja, Inc., a Delaware Corporation, may change, modify, add or remove sections of these Terms at any time by posting the revised Terms on our Site. The changes take effect when we post the Terms on the Site.
 

1. OVERVIEW

The website located at mealplanninja.com (collectively, the “Site”) and our related sites including but not limited to app.mealplanninja.com is a copyrighted work belonging to Meal Plan Ninja, Inc., a Delaware corporation (“we”, “us”, “our” and “Company”). Throughout the Site and Service, the terms “we”, “us”, “our” and “Company” refer to Meal Plan Ninja, Inc. The Company provides 1) a subscription meal planning service and b) other services provided through this Site or Service, including applications, content, images, instructions, products, information, tools and videos (collectively, known as the “Service” or “Services”).
Certain features of the Service or Site may be subject to additional guidelines terms, or rules which will be posted on in connection with the Services or on the Site regarding such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
By visiting our Site or by creating an account, you agree that your registration for and use of Company products, Site and Services is subject to the terms and conditions set forth in this Terms of Service Agreement (this “Agreement”) and that this Agreement is enforceable like any written contract signed by you.These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Site or Service, you agree to be bound by these Terms of Service. You may not access or use the Site or Services or accept the Agreement if you are not at least 13 years old. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
 

2. ADDITIONAL POLICIES & CHANGES TO THIS AGREEMENT

The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific Meal Plan Ninja products, Sites and Services:
Meal Plan Ninja’s Privacy Policy: https://mealplanninja.com/privacy-policy/
Any new features, products, applications, tools or subscriptions which are added to the current Site or Service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
 

3. NO IMPLIED ADVICE

Meal Plan Ninja, it’s affiliated Sites and Services, Company officials, employees, vendors or Third Party Services are NOT your nutritionist, dietician or physician and Company not in the business of providing nutritional, dietary, health or other professional advice. It is your sole responsibility to determine that the Site and/or Services meet your needs and are suitable for the purposes for which they are used.
Refer to Section 16. Disclaimers and Section 18. Medical Disclaimer for complete details.
 

4. GENERAL CONDITIONS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any viruses or any malicious code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
 

5. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
 

6. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
 

7. ACCOUNTS

Company may use the personal information you provide to create an account with us or a third party service provider for subscription meal plan service.

7.1 Account Creation and/or Registration

In order to use certain features of the Site (e.g. to use the Services), you must register for an account with Company (“Company Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Company Account at any time, for any reason, by emailing [email protected] Company may suspend or terminate your Company Account in accordance with Section 21.

7.2 Account Responsibilities.  

You are responsible for maintaining the confidentiality of your Company Account login information and are fully responsible for all activities that occur under your Company Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Company Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
 

8. PAYMENT TERMS

8.1 Ordering Services.

You may order the Services by following the directions on the Site. Company may change the pricing for the Services (from time to time in its sole discretion) by updating the Site, provided that any changes will not take effect until your subscription renews.
If you have purchased your subscription through a third party, your subscription is also subject to the terms of your agreement with that third party (in addition to these Terms). To cancel your subscription, you must cancel directly with that third party.

8.2 Payment Terms

If you order the Services, you agree to pay the then-current applicable Services fees listed on the Site or Service, or, arrange for payment of our Services fees with a third party payor (as agreed by us). Company will automatically bill your credit card submitted in ordering the Services on the date the Services are activated or at the expiration of any trial period (as explained in section 9), as applicable.
Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. If any fee cannot be charged to your credit card for any reason, Company may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied after we send such notice of non-payment, then Company may immediately terminate the applicable Service.

8.3 Renewal of Services

Our subscription services automatically renew for each period purchased (monthly, quarterly, annually or other period that we offer) for an additional similar period. Your payment to us will automatically renew at the end of the subscription period, unless you cancel your subscription before the end of the current subscription period.

8.4 Cancellation of Services

You may cancel at any time by using the cancellation link on our site or notifying us at [email protected]. The cancellation will take effect the day after the last day of the current subscription period. However, if you cancel your payment or subscription and/or terminate any of the Agreements before the end of the current subscription period, we will not refund any subscription fees already paid to us. The refund method will depend upon the payment method.
If you believe you are entitled to receive a refund of any monies paid to us, please contact us.

8.5 Right to Refuse Payment

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

8.6 Accuracy of Billing and Account Information

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

9. LICENSE

9.1 Limited Trial Period License

Company may, at its sole discretion, grant you an limited, non-exclusive, non-transferable, fully revocable and non-sublicensable right and licence (the “Trial License”) to access and use certain Meal Plan Ninja Sites and Services for a trial period (the “Trial Period”). The Trial Period will be defined at the time of registration, and may be extended at the sole discretion of Company. You may choose to purchase a subscription to a full Meal Plan Ninja license at any time during or after the Trial Period and while you are on a Trial License.

9.2 Expiration of Free Trial Period License

If, at the end of the Trial Period, you choose not to purchase an optional subscription license to access Meal Plan Ninja Services, or if at any time during your subscription to a Meal Plan Ninja license you chose to cancel your subscription, your access to the Meal Plan Ninja Services and/or Site may be suspended or revoked. This does not constitute a deletion of your account, and Meal Plan Ninja may retain your account information and details.

9.3 Number of Licensed Users

Any license to use the Meal Plan Ninja Services granted pursuant to this Agreement is limited to a single (1) household. A single household shall be defined as any person that is a registered resident at the permanent address listed for the person who is the principal owner of the subscribed account. Your User ID may not be used by any other person outside of that household, whether or not such person is employed by or otherwise associated with you.

9.4 License to Use Content

A variety of information, recommendations, letters, messages, comments, posts, text, graphics, software,photographs, videos, data, and other materials (“Content”) is available through the Services. This Content is provided by the Company or its affiliates.
Some Content available on the Company Site and it’s related sites may be provided by persons who use the Services (“Users”), such as Users’ opinions and views provided via posts to blogs, bulletin boards, discussion forums, and more.
The Company grants you a limited, nonexclusive, nontransferable, revocable license to view, copy and print Content retrieved from the Services only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in connection with the Content. You may not use any Content available via the Services in any other manner or for any other purpose without the prior written permission of the Company. All rights not expressly granted in this Terms of Use are expressly reserved for the Company.
While we strive to keep the Content accurate, complete, and up-to-date, we cannot and does not guarantee, and are not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by us or our affiliates or by Users. The Company does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Services. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of the Company. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made on the Services.

9.5 Certain Restrictions.

The rights granted to you in this Agreement are subject to the following restrictions:
(a) you shall not license, sublicense, sell, rent, lease, transfer, assign, distribute, host, modify, publish, republish, reproduce, repackage or otherwise commercially exploit the Site or Services;
(b) remove or obscure any copyright notice or other notice or terms of use contained in the Site or Services;
(c) allow anyone other than those person(s) listed as residents of your household to access the Site Services, or any portion thereof, without Company’s express prior written permission;
(d) lend, sublicense, assign, sell or transfer the Site or Services, or any derivative works based thereon, in whole or in part, to any third party;
(e) copy any portion of the Site or Services in any fashion that may infringe any copyright, intellectual property right, contractual right, or proprietary or property right or interest held by Company or any other third party;
(f) you shall not access the Site or Services in order to build a similar or competitive service;
(g) remove, disable, avoid, circumvent, or defeat any functionality in the Site or Services designed to limit or control access to or use of the Site or Services;
(h) use, or otherwise access any portion of the Site or Services for which you have not made payment to Company.
(i) except as expressly stated herein and except as otherwise authorized to use the Site and/or the Services as intended, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
(j) Non-exclusive License: This license is non-exclusive and nothing herein shall limit Company’s right to sell, assign, or in any other manner transfer Company’s ownership of any Sites and/or Services.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

9.6 Modification

Company reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof, except and if otherwise expressly set forth in Section 21.

9.7 No Support or Maintenance

You acknowledge and agree that Company has no obligation to provide you with any support or maintenance in connection with the Site or Services.

9.8 Ownership

You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by Company or Company’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in this Agreement.
 

10. OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
 

11. THIRD-PARTY LINKS

Certain content, products and services available via our Site or Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
 

12. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
 

13. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy: https://mealplanninja.com/privacy-policy/
 

14. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
 

15. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
 

16. DISCLAIMERS

YOU, AND NOT Meal Plan Ninja, ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, PREPARATION, STORAGE, AND COOKING OF THE MEALS.
WE ARE NOT MEDICAL PROFESSIONALS AND WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE SUITABLE TO CURE, RESOLVE OR TREAT ANY MEDICAL CONDITION. WE ALSO DO NOT REPRESENT OR WARRANT THAT THE MEAL PLANS, PROGRAMS OR RECIPES OFFERED ON OUR SITE OR SERVICE WILL BE COMPLIANT WITH ANY COURSE OF TREATMENT. PRIOR TO STARTING ANY FOOD PROGRAM, DIET OR MEAL PLAN PLEASE CONSULT YOUR PHYSICIAN.
THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
Meal Plan Ninja DOES NOT WARRANT THAT THE SERVICES PROVIDED HEREIN WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE WEBSITE IS FREE OF OTHER HARMFUL COMPONENTS.
Meal Plan Ninja DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND Meal Plan Ninja SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
Meal Plan Ninja does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time the Company may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
 

17. LIMITATION ON LIABILITY

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND ANY INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK. Meal Plan Ninja, ITS SUPPLIERS AND THEIR AFFILIATES ARE NOT LIABLE UNDER CONTRACT LAW, TORT LAW, OR OTHERWISE, FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE OR ANY INFORMATION CONTAINED HEREIN. IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
You expressly acknowledge that Meal Plan Ninja is making the Site, Service, Content and links available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the contract between you and Company. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination or suspension by Company of your use of, or access to, the Site, Services, Content or any other service provided by the Company.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
 

18. MEDICAL DISCLAIMER

The Meal Plan Ninja Site and Services and all information on it is for informational purposes only. Company is not a licensed healthcare practitioner and does not provide any medical advice, individualized or otherwise, therapy, diagnosis or treatment. Nothing contained on the Site or Service is intended to be for or should be used for medical diagnosis or treatment, and it should not be used in place of a visit, call, consultation or the advice of licensed healthcare practitioner. If you have a health issue, you should seek the care of a licensed healthcare practitioner immediately, and you should not attempt to use any information provided on the Site or Service as a form of treatment of any condition without the prior approval of and guidance of such licensed healthcare practitioner.
Company makes no representation regarding the effectiveness of any diet, food, treatment, remedy or medicine referenced on the Site or Service. Company does not recommend or endorse any specific product, treatment, test, procedure, opinion, or other information on the Site or Service. Opinions, advice, statements, offers, or other information or content made available on the Website are the responsibility of the respective user, advertiser or provider of any product or service featured and not Company. Company has not conducted any verification into the representations made by any user, advertiser or provider. Your use of the Site or Service or information contained on it is at your sole risk, and Company shall not be liable to you or any third party for any decision made or action taken by you or others based upon reliance on or use of the information on the Site or Service.
 

19. INDEMNIFICATION

YOU SHALL INDEMNIFY AND HOLD Meal Plan Ninja AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, ADVISORS, EMPLOYEES, INTERNS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, ANY VIOLATION OR BREACH BY YOU OF THESE TERMS OF USE, OR ANY VIOLATION OF ANY LAW BY YOU, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).
 

20. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
 

21. TERM AND TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
We may (a) suspend your rights to use the Site and/or Services (including your Company Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Company Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Company Account involves deletion of your User Content associated therewith from our live databases. Company will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Company Account or deletion of your User Content.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
 

22. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
 

23. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware, where Meal Plan Ninja, Inc. is incorporated.
 

25. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected].