Version 2.0
September, 2021.
Terms of Use
Thank you for visiting www.MenuMD.com. These Terms of Use (“Terms of Use”) were developed by Seers, LLC d/b/a MenuMD (“we,” “us” or “our”) as an extension of our commitment to combine the highest quality services with the highest level of integrity in dealing with our valued customers, and the companies, businesses and organizations they represent (collectively, “you”).
These Terms of Use and our Privacy Statement apply to www.MenuMD.com (the “Website”), and will apply to all your uses of the Website. We may modify the Terms of Use from time to time and post those modifications here. Your continued use of the Website after any such modification constitutes your acceptance of the modified Terms of Use.
YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE AND RESIDING IN THE UNITED STATES AND THAT YOU HEREBY AGREE WITH THESE TERMS OF USE WITH LEGALLY BINDING EFFECT.
THIS WEBSITE DOES NOT PROVIDE ANY MEDICAL ADVICE
Information provided on this Website is provided for your personal informational purposes only and is not intended as a substitute for the advice of a physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on this Website for diagnosing or treating any health problem or disease, or selecting any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or adopting any treatment, food choice or food avoidance regimen. If you have or suspect that you have a medical problem including any food or beverage allergy, you should immediately contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this Website. Information on the Website has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease.
Information provided on this Website DOES NOT create a doctor-patient relationship between you and any physician
COPYRIGHT AND TRADEMARKS
MENUMD® and associated trademarks, service marks and logos appearing on this Website are owned by us or our licensors. All other trademarks, service marks and logos appearing on this Website are the sole property of their respective owners. You are granted no licenses with respect to any of the foregoing
You may not modify, remove, delete, add to, publish, transmit, sell, create derivative works of, or in any way exploit any of the Website, in whole or in part. You are hereby granted a revocable, limited license, without the right to grant sublicenses, to access and use the Website solely to obtain information regarding the availability of certain types of food and beverages at certain restaurants and other food providers in your geographic area (“Food Information”). Any other use of the Website is strictly prohibited. If you breach these Terms of Use, your right to use the Website will automatically terminate.
YOU UNDERSTAND AND AGREE THAT FOOD INFORMATION IS PROVIDED TO US BY THIRD PARTIES, AND MAY BE INACCURATE, INCOMPLETE, MISLEADING OR OTHERWISE NOT REFLECTIVE OF THE ACTUAL CHARACTERISTICS OF THE FOOD AND BEVERAGES OFFERED. SUCH FOOD INFORMATION MAY INCLUDE INFORMATION AVAILABLE FROM PUBLIC SOURCES AND ALSO THAT PROVIDED UNDER CONTRACTS BETWEEN US AND THIRD PARTIES.
ACCORDINGLY, YOU HEREBY AGREE TO CONFIRM THE ACCURACY OF ALL FOOD INFORMATION PERSONALLY AND BEFORE ANY USE THEREOF, AND YOU HEREBY AGREE FOR YOURSELF AND ON BEHALF OF YOUR FAMILY (INCLUDING MINOR CHILDREN), HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, THAT WEBMD, INCLUDING ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS AND AFFILIATES (COLLECTIVELY, THE “RELEASED PARTIES”), WILL NOT BE LIABLE FOR ANY INJURY, SICKNESS, DEATH OR DAMAGE SUFFERED THROUGH YOUR USE OF THE WEBSITE INCLUDING WITHOUT LIMITATION FOOD INFORMATION. YOU HEREBY FOREVER RELEASE AND DISCHARGE, AND HEREBY AGREE TO RELEASE AND DISCHARGE, THE RELEASED PARTIES FROM ALL SUCH CLAIMS, DEMANDS, THREATS, SUITS OR PROCEEDINGS, AND ANY ASSOCIATED LOSSES OR LIABILITIES
YOUR CONDUCT ON THE WEBSITE
Any conduct by you on the Website that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying the Website will not be permitted. You agree to use the Website only for lawful purposes.
If you are in need of someone to talk with, please call the National Suicide Prevention Lifeline: 1-800-273-8255. If you are in immediate danger, please call 911.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website. You further agree not to access the Website by any means other than through the interface provided by us for use in accessing the Website.
DISCLAIMERS
WE PROVIDE THIS WEBSITE AND ALL OTHER GOODS AND SERVICES ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, ARISING FROM COURSE OF DEALING OR OTHERWISE, AND INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some states such as New Jersey do not allow the exclusion or limitation of certain warranties, and in such states the foregoing may not apply to you.
You hereby agree to consult your physician and medical advisors before relying on this Website or any Food Information
The Website may contain links to other websites, and third parties may link their websites to the Website. You understand and agree that we shall have no responsibility for any product or service or the accuracy, content, or availability of information found on other websites, or that contain links to or from the Website. Because some websites may employ automated search results or may otherwise link to websites containing information that may be deemed inappropriate or offensive, you understand and agree that we will have no responsibility for the accuracy, legality, or decency of material contained in third-party websites, and you hereby irrevocably waive any claim against us with respect thereto.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE OR CONTENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING WITHOUT LIMITATION ANY DAMAGES THAT RESULT FROM: (I) ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF THE WEBSITE OR ANY DATA OR INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS WEBSITE; (II) PERSONAL INJURY OR DEATH CAUSED BY USE OR MISUSE OF THE WEBSITE; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE WEBSITE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (VI) ANY OTHER MATTER RELATING TO THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE. OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED FIFTY DOLLARS ($50.00). Some states such as New Jersey do not allow the exclusion or limitation of certain liabilities, and in such states the foregoing may not apply to you.
PRIVACY
We respect your privacy in accordance with the terms of our Privacy Statement, which is hereby incorporated by reference into these Terms of Use.
APPLICABLE LAW; JURISDICTION AND VENUE
We control the Website from our offices within the United States. We make no representation that the Food Information or other content on the Website is appropriate, legal or available for use in other locations. If you access the Website from outside the United States, you are responsible for compliance with applicable local laws. Any dispute between you and us, and any dispute relating to the Website, the services provided through the Website, or the content of the Website shall be governed by the laws of the state of Arizona, without reference to its conflicts of laws provisions. The state and federal courts located in Phoenix, Arizona shall have sole jurisdiction over each such dispute, and the parties hereby consent to the personal jurisdiction of such courts. You further agree that you will not participate in any way in any class action in connection with any such dispute, either as a class representative plaintiff or as a member of a putative class.
TERMINATION
These Terms of Use are effective until terminated by either party upon notice to the other party. If you no longer agree to be bound by these Terms of Use, you must cease your use of the Website. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Website with or without notice at any time. You agree that any termination of your access to the Website may be effected without prior notice. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Website.
GENERAL
These Terms of Use constitute the entire agreement between you and us regarding you use of the Website and its content including Food Information. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
ASSIGNMENT
We may assign these Terms of Use in whole without notice to or permission from you or any third party. You may not assign these Terms of Use without our prior, written consent, and any other purported assignment shall be void.
COMMENTS
If you have any questions or comments about us or these Terms of Use, you may contact us at:
Seers, LLC d/b/a MenuMD
P.O. Box 32636
Phoenix, AZ 85064
Fax: (602) 532-7023
Phone: (602) 808-3439
[email protected]
Attention: Chief Privacy Officer
© 2021 Seers, LLC d/b/a MenuMD
All Rights Reserved
