These Terms & Conditions (“Agreement”) govern use of the Meal2Get.com website (“Website”) and the services related to such website. The services offered by ZShape, Inc. (“ZShape”) include the Website and any other services, features, content or applications offered from time to time by ZShape in connection with the Website and its affiliated sites, interactive computer service and online properties (collectively, the “Services”). By using the Services you agree to be bound by this Agreement. You must be at least thirteen (13) years old to use the Services.
ZShape has the right at any time to change or discontinue any aspect or feature of the Website, or any part thereof, or to impose new conditions including, without limitation, its content, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
The ZShape business network is solely a facilitator of communications between its customers and consumers. ZShape is in no way responsible for the quality of goods or services offered by its customers to consumers.
YOU AGREE TO REVIEW THIS AGREEMENT FROM TIME TO TIME AND AGREE THAT ANY SUBSEQUENT ACCESS TO OR USE BY YOU OF THE SERVICES FOLLOWING CHANGES TO THE AGREEMENT SHALL CONSTITUTE YOUR ACCEPTANCE OF ALL SUCH CHANGES. IF YOU DO NOT AGREE WITH OR CANNOT COMPLY WITH THE TERMS OF THIS AGREEMENT YOU MUST EXIT THE WEBSITE IMMEDIATELY AND MUST NOT PROVIDE ANY INFORMATION TO ZSHAPE OR ANY LINKED THIRD PARTY OR USE ANY OF THE SERVICES OR PRODUCTS OFFERED OR PROVIDED ON THE WEBSITE.
The content available on the Website, including without limitation, text, information, documents, scripts, graphics, photos, organization, design, compilation, look and feel, illustrations, artwork, video, music, images, software, sounds, games, interactive features and all trademarks, service marks and logos or other works or materials (collectively, “Content”) are owned by or licensed to ZShape and/or a Third Party provider(s) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. You must keep intact, and may not remove or alter any Content or any copyright or other proprietary notices available via the Website, and you may not display or reproduce the Content other than with the prior written consent of ZShape.
You may not use the Services in a manner inconsistent with any and all applicable laws, rules and regulations. The Services are for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, Content, products or services obtained from the Services. Content owned by ZShape’s licensors may be subject to additional restrictions.
The information regarding price, product specifications and availability contained on this Website has been provided by member retailers. The prices charged by ZShape member retailers are the same as the prices charged in their brick-and-mortar stores at the time an order is delivered, shipped or available for pickup. Although ZShape attempts to make certain that the prices listed on the Website and those posted in the stores on the date they are viewed on the Website are the same, and that out-of-stock items are clearly marked or removed from the inventory, prices and product availability may change. Moreover, though every effort is made to ensure accuracy in posting pricing information, discrepancies do occur. In the event that the checkout price and the price posted on the Website are different, the checkout price will prevail in every case.
While ZShape has undertaken to confirm the accuracy of the information contained on this Website, mistakes can be made, due both to inaccurate reporting of accurate information and accurately reporting inaccurate information. ZShape does not make any representations as to the timeliness, accuracy, reliability or completeness of any of the information contained on this Website or on those Websites to which ZShape offers links. Of course, if you become aware that our Website contains inaccurate information, please let us know by contacting us.
The Website contains trademarks owned and used by ZShape and its contracted entities,
subsidiaries, affiliates or those other parties that we have used with their consent
or as permitted by law. These trademarks and related proprietary property are protected
from copying, re-producing, publishing, displaying, and simulation under national
and international laws and are not to be reproduced or copied without the express
written permission of ZShape. ZShape’s trademarks may not be used in any manner
that disparages, discredits, or makes any negative assertions or implications regarding
ZShape does not take any responsibility for individuals or companies marketing our company or services because we instruct representing parties to follow all FCC, FTC, Internet, State, Federal, and International laws including anti-fax laws and the National Do Not Call Registry. ZShape will not pay any fines, legal fees, or any other expenses, which an individual or company may incur by not following any of the above laws.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ZSHAPE PROVIDES THE WEBSITE, SERVICES AND CONTENT, STRICTLY ON AN “AS IS” BASIS, FOR YOUR USE AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ZSHAPE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (i) ANY ERRORS, MISTAKES, OR INACCURACIES, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (v) ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, AND/OR (vi) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ZSHAPE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZSHAPE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation on Liability
IN NO EVENT SHALL ZSHAPE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ZSHAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZSHAPE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF TEN U.S. DOLLARS OR AMOUNT PAID, IF ANY, BY YOU TO ZSHAPE FOR THE SERVICES GIVING RISE TO THE ACTION. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE, THE CONTENT, AND ANY SERVICES OR INFORMATION OFFERED THROUGH THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATION AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDY SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND/OR THE EXCLUSION OF CERTAIN REMEDIES, IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF ZSHAPE SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.
You agree to indemnify and hold ZShape, its parent, subsidiaries, and affiliates, and their respective members, officers, agents, partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, due to or arising out of (i) your acts or omissions concerning the Services and the Website; (ii) any breach of this Agreement including any representations and warranties made herein; and (iii) your violation of any third party right including without limitation any claim of defamation, invasion of privacy, right of publicity, unfair competition, infringement of a third person's intellectual property or other proprietary rights relating to your use of the Services or Website. ZShape reserves the right to participate in such defense and settlement with its own counsel at its own expense. In no event shall you enter into any settlement that purports to bind ZShape without ZShape’s prior written consent. ZShape shall provide you reasonably prompt notice of any such claim and shall reasonably cooperate with you in the defense and/or settlement of such claim at your sole expense.
This Agreement constitutes the entire agreement between the parties regarding the use of the Services and the Website and supersedes all prior or contemporaneous communications between the user and ZShape with respect to the Website and the Services. The failure of ZShape to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is deemed unlawful, void or unenforceable, the remaining provisions of this Agreement will remain in full force and effect. Any aspect of the Services is void where prohibited by law.
Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, terrorism, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such party.
Survival. Any obligation of the parties relating to limitations on liability and indemnification shall survive termination or expiration of this Agreement.
Interpretation. Each party acknowledges and agrees that it has had the opportunity to seek the advice of independent legal counsel and has read and understood all of the terms and conditions of this Agreement. This Agreement shall not be construed against either party by reason of its drafting.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.