1. THIS IS AN agreement BETWEEN YOU AND MerryMenu.com
This agreement governs your use of any Web site or Web page operated by MerryMenu.com. You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. MerryMenu.com offers the website to you conditioned on your acceptance without modification of this agreement. Your use of the MerryMenu.com website constitute your acceptance of this agreement. This agreement contains disclaimers of warranties and liability
2. HOW MerryMenu.com MAY MODIFY THIS agreement
MerryMenu.com reserves the right to change the terms, conditions, and notices under which it offers the MerryMenu.com website, including any charges associated with the use of the MerryMenu.com website. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any MerryMenu.com Web Site. Your continued use of the MerryMenu.com website after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any MerryMenu.com Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that MerryMenu.com Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this agreement conflict with any terms contained within a MerryMenu.com Web Site, then the terms in this agreement shall control.
4. NO UNLAWFUL OR HARMFUL USE OF THE MerryMenu.com website
You will not use the MerryMenu.com website in any way that is unlawful, or harms MerryMenu.com , its affiliates, resellers, distributors, service providers, suppliers or other Portals (each, a "MerryMenu.com Party" and collectively, the "MerryMenu.com Parties") or any customer of a MerryMenu.com Party, as determined in MerryMenu.com's sole discretion. MerryMenu.com may tell you about certain specific harmful uses in a code of conduct or other notices available through a MerryMenu.com Web Site, but has no obligation to do so. You may not use the MerryMenu.com website in any way that breaches any code of conduct, policy or other notice applicable to the MerryMenu.com website. Without limiting the generality of this section, you may not use the MerryMenu.com website in any manner that could damage, disable, overburden, or impair any MerryMenu.com Web Site (or the Portals linked to MerryMenu.com Web Site) or interfere with any other party's use of the MerryMenu.com web site.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the MerryMenu.com website to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. A breach of any part of the anti-spam policy is a breach of this agreement. MerryMenu.com may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the MerryMenu.com website includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the MerryMenu.com website even if such e-mail does not violate the anti-spam Policy.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to MerryMenu.com related to the MerryMenu.com website (a "Submission"), you grant MerryMenu.com permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your submission, each in connection with the MerryMenu.com website. MerryMenu.com will not pay you for your submission. MerryMenu.com may remove your submission at any time. For each submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, MerryMenu.com may monitor your electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this agreement, and protecting the rights, property, and interests of the MerryMenu.com parties or any customer of a MerryMenu.com.
7. INFORMATION AVAILABLE FROM THE MerryMenu.com website
MerryMenu.com and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the MerryMenu.com website even if such information appears in any e-mail, pager, cell phone or other alerts available through the MerryMenu.com website. MerryMenu.com and its suppliers do not authorize the use of information available from the MerryMenu.com website including stock quote or other financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. MerryMenu.com is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the MerryMenu.com website constitute an offer or solicitation to buy or sell any security. MerryMenu.com does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the MerryMenu.com website is intended to constitute professional advice, including but not limited to, investment or tax advice.
8. MerryMenu.com MAKES NO WARRANTY
MerryMenu.com PROVIDES THE MerryMenu.com website "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MerryMenu.com PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE MerryMenu.com PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE MerryMenu.com website WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS agreement.
9. LIABILITY LIMITATION
YOUR EXCLUSIVE REMEDY IN NO EVENT WILL ANY MerryMenu.com PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS agreement OR YOUR USE OF THE MerryMenu.com website, EVEN IF SUCH MerryMenu.com PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE MerryMenu.com website, YOU DO NOT AGREE WITH ANY PART OF THIS agreement, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY MerryMenu.com PARTY WITH RESPECT TO THIS agreement OR THE MerryMenu.com website, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MerryMenu.com website.
10. CHANGES TO THE MerryMenu.com website
ADDITIONAL LIABILITY LIMITATION THE MerryMenu.com PARTIES MAY CHANGE THE MerryMenu.com website OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the MerryMenu.com website, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by MerryMenu.com and persons other than MerryMenu.com (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE MerryMenu.com PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT MerryMenu.com IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE MerryMenu.com website, (2) ANY INCOMPATIBILITY BETWEEN THE MerryMenu.com website AND OTHER website, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE MerryMenu.com website IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE MerryMenu.com website. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS agreement APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
11. TERMINATION; ACCESS RESTRICTION
MerryMenu.com may terminate this agreement, or terminate or suspend your access to the MerryMenu.com website at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the MerryMenu.com website will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE MerryMenu.com website MAY NOT BE RETRIEVED LATER.
12. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this agreement is with MerryMenu.com, claims for enforcement, breach or violation of duties or rights under this agreement will be adjudicated under the laws of the New Jersey, without reference to conflict of laws principles. If this agreement is with a MerryMenu.com affiliate, claims for enforcement, breach or violation of duties or rights under this agreement will be adjudicated under the laws of the place of incorporation for the affiliate, without reference to conflict of laws principles. If the agreement is with MerryMenu.com, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in New Jersey, USA in all disputes arising out of or relating to the use of the MerryMenu.com website. If this agreement is with a MerryMenu.com affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such MerryMenu.com affiliate in all disputes arising out of or relating to the use of the MerryMenu.com website.
13. INTERPRETING THE agreement; ASSIGNMENT
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement will continue in effect. MerryMenu.com may assign this agreement, in whole or in part, at any time with or without notice to you. You may not assign this agreement, or assign, transfer or sublicense your rights, if any, in the MerryMenu.com website. Except as expressly stated herein, this agreement constitutes the entire agreement between you and MerryMenu.com with respect to the MerryMenu.com website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MerryMenu.com with respect to the MerryMenu.com website. The section titles in the agreement are solely used for the convenience of the parties and have no legal or contractual significance.
14. COPYRIGHTED CONTENTS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.