Please note that if you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Website and the MealHi5 Services, and your parent or legal guardian must read and agree to these Terms prior to your using the Website and the MealHi5 Services. Notwithstanding the foregoing, however, persons under the age of 13 are not permitted to register for the Website or use the MealHi5 Services.
The Website is owned and operated by MealHi5 LLC., a State of Delaware corporation (MealHi5), and is currently hosted in the United States. MealHi5 reserves the right to modify or discontinue, temporarily or permanently, and at any time, the Website and/or the MealHi5 Services (or any part thereof) with or without notice. You agree that MealHi5 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the MealHi5 Services.
Please note that MealHi5 may modify these Terms from time to time, and any change to these Terms will be reflected on the Website (with revisions being indicated by date), and you agree to be bound to any changes to these Terms when you use the Website or the MealHi5 Services. MealHi5 may also, in its sole and absolute discretion, choose to alert via email all users with whom it maintains email information of such modifications. It is therefore important that you regularly review these Terms and keep your contact information current in your account settings to ensure you are informed of any such changes. Modifications to these Terms shall be effective 30 days after being posted but shall not apply retroactively. Also, occasionally there may be information on the Website or within the MealHi5 Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and MealHi5 reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
The Website and the MealHi5 Services are a third-party marketplace for customers (Customers) to view, discuss, and place orders for food and beverages, and pick-up and/or delivery services in connection therewith, with participating restaurants (the Restaurants), and is a merchant of such order placement services only. Neither MealHi5, the Website, nor the MealHi5 Services is a merchant of food or beverages, or any pickup or delivery services in connection therewith, and does not sell or control the Restaurants or the production of any food or beverages, or any pick-up or delivery services therewith, produced at or provided by the Restaurants.
The Restaurants have entered into agreements with MealHi5 to comply with federal, state and local laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. MealHi5, including the Website and the MealHi5 Services, does not in any way independently verify the credentials or representations of any of the Restaurants, the ingredients or the quality of any their products or services, or any Restaurant’s compliance with applicable laws.
Customers using the MealHi5 Services must make themselves comfortable through the information provided by the Restaurants on the Website, by contacting the Restaurants directly, or through such other means or methods as they may deem appropriate, as to the quality and reliability and quality of the Restaurants and the Restaurants compliance with applicable laws. MealHi5, including the Website and the MealHi5 Services, does not in any way guaranty the quality of any Restaurant or any food or beverage, or any pickup-up or delivery service in connection therewith, or any compliance thereof with applicable laws. In addition, a Restaurant may represent certain standards with respect to their food preparation (or other services) such as organic, kosher, macrobiotic or allergen-specific standards such as nut-free, gluten-free, or lactose-free MealHi5 does not investigate or verify any such representations. MealHi5 shall not be liable or responsible for any food or beverages, or any other services, offered by the Restaurants or any errors or misrepresentations made by them (including on the Website and through the MealHi5 Services).
We do take customer satisfaction very seriously and, in addition to contacting the applicable Restaurant directly, we ask that you notify MealHi5 of all complaints or concerns that you might have regarding the Restaurants.
When you place an order through the MealHi5 Services, you will be given a choice of payment options, including via credit card, PayPal®, and direct payment to the applicable Restaurant. If you pay for your purchase via credit card or PayPal, we will ask for a valid credit card or PayPal account, as applicable, which will be billed, directly through the MealHi5 Services, for the purchase price of the applicable order, and MealHi5 will be the name that appears on the credit card or PayPal statement, as applicable. As stated above, however, MealHi5, including the Website and the MealHi5 Services, is not and shall not in any manner be considered the seller of any of the food, beverages, and services ordered. If MealHi5 and the applicable Restaurant have agreed, your credit card information may be provided to the Restaurant, and in such case, the Restaurant will bill you directly. You will be notified at the time of purchase if the Restaurant will be billing you directly and you hereby authorize MealHi5 to transfer your credit card information to the Restaurant for processing.
MealHi5 takes customer satisfaction very seriously. If you have any problems with your order, we ask that you contact the Restaurant directly, but, if you have not been able to resolve your issue with the Restaurant to your satisfaction, please contact MealHi5 and we will try to assist you. In appropriate cases, if you have already been billed by MealHi5, MealHi5 may issue full or partial refunds.
By using the Website and/or the MealHi5 Services, you represent, warrant, and covenant that:
All registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information; also you will keep your password confidential and will be responsible for all use of your password and your account. You are not a minor in the jurisdiction in which you reside, or if you are a minor, that you above the age of 13 and that you have received the permission of your parents or legal guardian to use the Website and the MealHi5 Services; and your use of the Website and the MealHi5 Services does not violate any applicable law.
The Website and the MealHi5 Services allow users to interact with other users by reviewing and posting comments. You are entirely responsible for the content of, and any harm resulting from, your use of, participation with, and postings in the interactive portions of the Website (such use, participation, and/or postings, being your Contribution). When you create or make available a Contribution, you thereby represent and warrant that:
1. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party.
2. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize MealHi5, the Website, and the Services, and all uses thereof, to use your Contributions as necessary to exercise the licenses granted by you under these Terms.
3. your Contribution is not (in all cases as determined by MealHi5 in its sole and absolute discretion) obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party.
4. your Contribution does not constitute, contain, install or attempt to install or promote your Contribution does not contain any viruses, worms, Trojan horses, malicious code, spyware, malware or other or any other computer code or harmful or destructive content, whether on MealHi5′s or others’ computers or equipment, including any computer code designed to enable you or others to gather information about or monitor the activities of another party.
5. your Contribution does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose.
6. your Contribution does not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation.
7. your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by MealHi5 in its sole and absolute discretion.
By posting Contributions, you automatically grant, and you represent and warrant that you have the right to grant, to MealHi5 an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Contributions for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing.
MealHi5 has the right, in its sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of these Terms.
MealHi5 may accept, reject, or remove any Contributions, including restaurant reviews in its sole and absolute discretion, but MealHi5 has absolutely no obligation to screen or delete Contributions, even if someone considers a particular Contribution to be objectionable or inaccurate. If you are posting a review of a restaurant, your review must comply with the following criteria: (1) you should have firsthand experience with the restaurant; (2) you are not be affiliated with any competitors of the restaurant; (3) you will not make any conclusions as to the legality of the restaurants products, services, or conduct; and (4) your review must comply with the other Contribution representations, warranties, covenants, and other agreements in these Terms. Reviews are not endorsed by MealHi5 (including its Website and the MealHi5 Services), and do not represent the views of MealHi5 or of any affiliate or partner of MealHi5. MealHi5 does not assume liability for any review or for any claims, liabilities or losses resulting from any review.
In addition to the rights granted by you with respect to your Contributions, you acknowledge and agree that all questions, comments, suggestions, ideas, feedback or other information regarding the Website and/or the MealHi5 Services (Submissions) provided by you to or via MealHi5, the Website, or the MealHi5 Services are non-confidential and MealHi5 (as well as any designee of MealHi5) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Website and the MealHi5 Services are for personal, noncommercial use only (unless specifically endorse or approved by MealHi5). You may not access or use the Website for any other purpose other than the legitimate review and request for food and beverage products, and pick-up and delivery services in connection therewith, provided by the Restaurants. Additionally, the following uses and activities of and with respect to MealHi5, including the Website and the MealHi5 Services, are prohibited:
1. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets.
2. advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by MealHi5.
3. systematic retrieval of data or other content from the Website or the Services to create or compile, directly or indirectly, any collection, compilation, database or directory.
4. engaging in unauthorized framing of or linking to the Website or the MealHi5 Services.
5. transmitting chain letters or junk email.
6. using any information obtained from the Website or the MealHi5 Services in order to contact, advertise to, solicit, or sell to any user.
7. engaging in any automated use of the Website or the MealHi5 Services, or any system or component thereof, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools.
8. interfering with, disrupting, or creating an undue burden on the Website or the MealHi5 Services or the networks or services connected or linked thereto.
9. attempting to impersonate another user or person.
10. using the username of another user.
11. selling or otherwise transferring your profile.
12. using any information obtained from the Website or the MealHi5 Services in order to harass, abuse, or harm another person.
13. using the Website or the MealHi5 Service as part of any effort to compete with MealHi5, the Website, or the MealHi5 Service or to provide services as a service bureau.
14. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website or the MealHi5 Services.
15. attempting to bypass any measures of the Website or the MealHi5 Services designed to prevent or restrict access to the Website or the MealHi5 Services, or any portion of the Website or the MealHi5 Services.
16. harassing, annoying, intimidating or threatening any MealHi5 employees or agents engaged in providing any portion of the MealHi5 Services.
17. displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website or the MealHi5 Services on behalf of that person, such as posting blogs or bulletins with a commercial purpose.
18. deleting the copyright or other proprietary rights notice from any Contribution or any portion of the Website or the MealHi5 Services (including any content therein and thereof) and.
19. using the Website and/or the MealHi5 Services in a any manner inconsistent with any and all applicable laws and regulations.
As between you and MealHi5, all of the content included in and as a part of the Website and the MealHi5 Services (including, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, the MealHi5 Content), including all trademarks, service marks, and logos contained therein (Marks), is the property of or is licensed to MealHi5, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. MealHi5 reserves all rights in and to the Website, the MealHi5 Services, and the MealHi5 Content and Marks. Subject to your agreement to, compliance with, and except as otherwise prohibited by, these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website and the MealHi5 Services; the license granted hereby does not include any resale or commercial use of the Website, the MealHi5 Services, or the MealHi5 Content. If you download or print a copy of the MealHi5 Content for personal use in accordance with the limited license granted herein, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any MealHi5 Content or enforce limitations on use of the Website or the MealHi5 Content therein.
The Website and the MealHi5 Services may contain, or you may be sent through the Website or the MealHi5 Service to, links to other websites (Third Party Websites) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the Third Party Content). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by MealHi5 (including the Website and the MealHi5 Services), and MealHi5 (including the Website and the MealHi5 Services) are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you agree that MealHi5 (including the Website and the MealHi5 Services) shall have no responsibility with respect thereto. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or through the use of the MealHi5 Services or as may otherwise relate to any applications that you use or install from the Website or through the MealHi5 Services. Any purchases you make through Third Party Websites will be through and from the applicable third party, and MealHi5 (including the Website and the MealHi5 Services) takes no responsibility whatsoever in relation to such purchases, which you agree are exclusively between you and the applicable third party.
MealHi5 reserves the right but does not have the obligation to :
Monitor the Website and the MealHi5 Services for violations of these Terms. Take appropriate legal action against anyone who, in MealHi5's sole and absolute discretion, violates these Terms, including without limitation, reporting such person to law enforcement authorities. In MealHi5's sole and absolute discretion, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user's Contribution or any portion thereof that may violate these Terms or any applicable policy of MealHi5, the Website, and/or the MealHi5 Services. In MealHi5's sole and absolute discretion, remove from the Website or the MealHi5 Services, or otherwise disable all files and content, that are excessive in size or are in anyway burdensome to the Website's or the MealHi5 Services' systems; and Otherwise manage the Website in a manner designed to protect the rights and property of MealHi5 and others and to facilitate the proper functioning of the Website and the MealHi5 Services.
These Terms shall remain in full force and effect while you use the Website or the MealHi5 Services. You may terminate your use or participation at any time, for any reason, by either ceasing to use the Website and the MealHi5 or by notifying MealHi5 directly.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, MEALHI5 RESERVES THE RIGHT TO, IN MEALHI5'S SOLE DISCRETION AND LE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE MEALHI5 SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION, AND MEALHI5 MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE MEALHI5 SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN MEALHI5'S SOLE AND ABSOLUTE DISCRETION.
Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of these Terms, shall be deemed to survive for as long as necessary to fulfill such purposes.
If there is a dispute between users of the Website, or between users and any third party (including any Restaurant), you understand and agree that MealHi5 (including the Website and the MealHi5 Services) is under no obligation to become involved. In the event that you have any such dispute between users and any third party (including any Restaurant), you hereby release MealHi5 (including the Website and the MealHi5 Services), its directors, officers, employees, service providers, affiliates, agents and successors from all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the MealHi5 Services shall be governed and construed by the law of the State of California, excluding conflicts of law rules. Any legal action of whatever nature by or against MealHi5, the Website, and/or the MealHi5 Services and that arises out of or related in any respect to these Terms, the Website, and/or and the MealHi5 Services shall be brought solely in the applicable federal or state courts located in or with jurisdiction over San Francisco County, California; subject, however, to the right of MealHi5, at MealHi5s sole and absolute discretion, to bring an action to seek injunctive relief to enforce these Terms or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction. You hereby consent to (and waive anychallenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from these Terms. Additionally, application of the Uniform Comput er Information Transaction Act (UCITA) is excluded from these Terms. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the MealHi5 Service (including yourvisit to or use of the Website and/or the MealHi5 Service) be instituted more than two (2) years after the cause of action initially arose.
MealHi5 cannot control the nature of all of the content available on the Website or through the MealHi5 Services, or the products and services being sold by the Restaurants therein. By operating the Website and providing the MealHi5 Services, MealHi5 does not represent or imply that MealHi5 endorses any Restaurant, Contributions, or any other content or products available on or linked to by the Website or through the MealHi5 Services, or that MealHi5 believes any products, Contributions, or other content to be accurate, useful, or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable products or content you may encounter on the Website or through the MealHi5 Services or in connection with any Restaurants, Contributions, or other third parties.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND MEALHI5 SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MEALHI5, ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND MEALHI5 SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MEALHI5 MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND MEALHI5 SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE PRODUCTS, SERVICES, OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THROUGH THE MEALHI5 SERVICES. MEALHI5 DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MEALHI5 WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MEALHI5 OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, OR AGENTS 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 WEBSITE OR MEALHI5 SERVICES, EVEN IF MEALHI5 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MEALHI5S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MEALHI5 FOR ORDER PLACED BY YOU THROUGH THE MEALHI5 SERVICES DURING THE PERIOD OF 1 MONTH PRIOR TO ANY CAUSE OF ACTION INITIALLY ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLYAFFECTED HIS SETTLEMENT WITH THE DEBTOR: "
You agree to defend, indemnify and hold MealHi5, its subsidiaries, and affiliates, and their respective directors, officers, employees, service providers, and agents (collectively, the "MealHi5 Indemnitees") harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorney's fees and expenses, made by any party due to or arising out of your Contributions, your use of the Website, or your use of MealHi5 Services, including, without limitation use in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations, warranties, or covenants set forth in these Terms. Notwithstanding the foregoing, MealHi5 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify an MealHi5 Indemnitee, and you agree to cooperate, at your expense, with MealHi5's defense of such claims. MealHi5 will use reasonable efforts to notify you of any such claim, action, or proceeding, which is subject to this indemnificatio n upon becoming aware of it.
From time to time, MealHi5 may conduct sweepstakes that entitle the winners to prizes. Each sweepstakes has its own terms and conditions, set forth in the official rules for that sweepstakes.
In order to resolve a complaint regarding the Website or the MealHi5 Services, or to receive further information regarding the MealHi5 Services, please contact MealHi5 as set forth below, or, if any corn plaint with MealHi5, the Website, or the MealHi5 Services is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at PO Box 640632, San Jose, CA - 95164 or by telephone at (855) 242-0424.
PO Box 640632 , San Jose, CA - 95164
Phone: (855) 242 - 0424
Except as explicitly stated otherwise, any notices given to MealHi5 shall be given by email to Info@MealHi5.com. Any notices given to you shall be giv en to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail or discussion forum postings.
Software from this Website is further subject to United States export controls. No software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
These Terms constitutes the entire agreement between you and MealHi5 regarding the Website and the MealHi5 Services. The failure of MealHi5 to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operates to the fullest extent permissible by law. These Terms and your account may not be assigned by you without our express written consent. MealHi5 may assign any or all of its rights and obligations to others at any time. MealHi5 shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond MealHi5's reasonable control. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.