1. Acceptance of Terms Through Use.
BY USING WWW.HAPPYMEALPREP.COM (hereainfter the “Website” or “HappyMealPrep.Com” or “Site”) WHICH IS OWNED AND CONTROLED BY Happy Meal Prep (referred to herein as “Happy Meal Prep” or “Company” or “We”), YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE AND ALL OTHER OPERATING RULES, POLICIES, AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE, EACH OF WHICH IS HEREBY INCORPORATED BY REFERENCE AND EACH OF WHICH MAY BE UPDATED BY HAPPYMEALPREP.COM FROM TIME TO TIME WITHOUT NOTICE TO YOU IN ACCORDANCE WITH THESE TERMS (collectively, the “Terms”).
By using the Website in any manner, including but not limited to visiting or browsing the Site, you agree to all the Terms contained herein. Under these Terms, “use” of or “access” to the Site specifically includes any direct or indirect access or use of the Site or any cached version of the Site and any direct or indirect access or use of any information or content on the Site, regardless of how obtained.
You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Attendee.com. You hereby affirm that you are either at least 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and complete with these Terms.
2. Permitted Use.
You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the Site for any purpose unless specifically authorized by us to do so. The content and software on this Site is the property of the Company and is protected by U.S. and international copyright laws.
3. Limited License.
You are granted a limited, nonexclusive, revocable and nontransferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. The Company may change, suspend, or discontinue any aspect of the Site at any time. The Company may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in these Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.
4. Violation of the Terms of Use.
You understand and agree that in the Company’s sole discretion, and without prior notice, may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if the Company believes that the information you provide has violated or is inconsistent with these Terms of Use, common moral principles, or violates the rights of other users, Company policy, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to compensate, prevent, or correct the Company for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. The Company may release user information about you if required by law or subpoena.
5. Copyright Policy.
We may terminate the privileges of any user who uses the Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information or content to the Site, you warrant that the information or content does not infringe the copyrights or other rights of third parties.
6. Representations By You.
By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that you are a resident of the United States; and (c) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.
7. Accounts.
INENTIONALLY OMITTED
8. License Granted by You.
By providing content or information to us, including by submitting or uploading content or materials for use on the Site, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as nonconfidential and nonproprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing, or marketing products or services.
9. Advertising.
The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.
10. No Commercial Use.
This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain The Company’s prior written consent to make commercial offers of any kind on the Site whether by advertising, solicitations, links, or any other form of communication. The Company will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.
11. Links and Search Results.
The Site contains links to sites operated by third parties throughout the World Wide Web. The Company has no control over these sites or the content within them. The Company does not guarantee, represent, or warrant that the content contained in any third-party sites is accurate, legal and/or inoffensive. The Company does not endorse the content of any third-party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us on our contact page.
12. Intellectual Property.
You acknowledge that all content and materials available on this Site are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by the Company or our licensors. Except where otherwise noted, you may download, print or view individual pages for noncommercial use, provided you do not delete or change any of the information, including copyright or trademark notices. You may only use the Site or its contents as expressly permitted in this Terms of Use and for no other purpose. The Company, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks or used under license by the Company. The use or misuse of any of these materials is strictly prohibited.
13. Digital Millennium Copyright Act Policy.
If you are notifying the Company of alleged copyright infringement, please be sure to provide the following information in the form required by 17 U.S.C.A. § 512:
a. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;
b. A description of the allegedly infringing material and information sufficient to permit us to locate the material;
c. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
d. A statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
e. A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
14. Designated Agent for Notification of Claimed Copyright Infringement.
NAME: Moldovan Law Firm
C/O: John J. Clark IV, Esq.
ADDRESS: 125 River Road, Suite 105, Edgewater, NJ 07020
E-MAIL: john@johnclarkesq.com
PHONE: (866) 553 – 4251
15. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “WEBSITE CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER THE COMPANY, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, OR RECOMMENDATIONS ON THE SITE.
16. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
17. Indemnification.
You agree to defend, indemnify, and hold the Company and our subsidiaries and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you in which event you will cooperate with us in asserting any available defenses.
18. International Use.
By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. The Company makes no representation that materials on the Site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. You may not use, export or reexport any materials from this Site in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.
19. Choice of Law.
This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of New Jersey, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of New Jersey, County of Bergen and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
20. Integration and Severability.
This Terms of Use constitutes the entire agreement between the Company and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.
21. Headings.
Section titles in the Term of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.
22. Web browser cookies
Our Site may use “cookies” to enhance User experience and improve our advertising outreach. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly. Data may be used by third parties (such as AdRoll) to target advertising on other sites based on your online activity. You can opt out of receiving targeted advertising here: http://www.aboutads.info/
23. How we use collected information
Happy Meal Prep may collect and use Users personal information for the following purposes:
- To run and operate our Site
We may need your information to display content on the Site correctly. - To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently. - To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site. - To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service. - To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them. - To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests.
Additionally, we are using/may use enhanced Google Analytics features for purposes such as Remarketing with Google Analytics, Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting. If you’re interesting in opting out of these features check out the following: https://tools.google.com/dlpage/gaoptout/
