Thank you for visiting Meta Nutrition, owned and operated by Meta Nutrition, Inc. (“Meta”). You can find us at www.Metnu.com (the “Site”) or by using the Meta Nutrition online web application portal (the “Portal”, collectively with the Site, the “Platform”). Meta’s Platform empowers people by helping provide them with the knowledge they need to achieve their best selves through healthy choices and provides health and fitness enterprises and professionals with an efficient platform to manage and create diets and meal plans specifically designed for their individual clients and members.
THIS PLATFORM DOES NOT PROVIDE MEDICAL ADVICE. THE HEALTH AND NUTRITIONAL INFORMATION, INCLUDING BUT NOT LIMITED TO, TEXT, GRAPHICS, IMAGES AND OTHER MATERIAL, CONTAINED ON THE PLATFORM, IS FOR EDUCATIONAL PURPOSES ONLY. Meta Nutrition is for informational purposes only. Meals within this Platform have not been evaluated or approved by the Food and Drug Administration. This Platform is not intended to diagnose, treat, cure, or prevent any disease. Content should not be considered a substitute for professional medical expertise or treatment. You assume full responsibility for consulting a qualified health professional regarding health conditions or concerns, and before starting a new diet or health program. Meta is not responsible for adverse reactions, effects, or consequences resulting from the use of any suggestions herein or procedures undertaken hereafter.
You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent such waiver is permitted under applicable law.
1.1. Internet Access. When using the Platform on your mobile, laptop or desktop device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining continuous Internet access for your Device through a Wi-Fi or LTE data communication network and (ii) any Internet connection and telecommunications fees and charges that you incur. 1.2.Your Device. Meta is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Platform, including, but not limited to screen display operation features of your Device.
2.1. Registration. To access the Portal, you must purchase a subscription or otherwise be provided with an Activation Code and register for an account. When you register for an account, you may be required to provide information about yourself. You agree that the information you provide to us through such account is accurate, current, and complete, and that you will keep it up-to-date at all times. 2.2. Security. You may not share your account, username, password or Activation Code with anyone else at any time. You may not authorize others to use your account, and you may not assign or otherwise transfer your user account to any other person or entity. Should you suspect that any unauthorized party may have used your Activation Code or may be using your password or account, you will notify Meta immediately. 2.3. Deletion. By logging into your account, you may edit your profile information, billing and payment information, your phone number, and email address. If you would like to permanently delete your account, you can email us at email@example.com. Please note, certain information such as your name and billing history may not be deleted from our system. License Grant and Restrictions.
6.1. Trademarks. The Meta name and logo are trademarks and service marks of Meta. You do not have the right to use any of Meta’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws. 6.2. Ownership. You acknowledge and agree that Meta, or its licensors, owns all right, title and interest in and to the Platform, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Platform is protected by U.S. and international copyright laws. Further, you acknowledge that the Platform may contain information that Meta has designated as confidential and you agree not to disclose such information without Meta’s prior written consent. 6.3. Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to Meta through its suggestion, feedback, forum, or similar pages (“Feedback”) is at your own risk and that Meta has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Meta a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.
Meta may link to or be linked from other websites that are not maintained by, or related to, Meta. Meta does not endorse, and is not responsible for, the content of any of those third-party websites. You acknowledge that Meta has not reviewed and does not endorse the content of all sites linked to from the Platform and is not responsible for the content or actions of any other sites linked to from the Platform. We do not promise that the contents of any linked website are accurate, compliant with local, state or federal law, including any intellectual property laws. Your use of any linked site is at your own risk and you assume all responsibilities and consequences resulting from such reliance.
10.1. If you purchase any Services, either on a one-time or subscription basis, you will pay Meta the applicable fees and any related taxes. Meta may change its fees at any time by publishing written notice on the Platform. You authorize Meta to charge the applicable fees to the payment card that you submit to Meta, and agree that Meta and any Meta affiliate may store your payment card information. You will pay all fees and taxes as they become due. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. If your payment card issuer or bank does not honor charges you have paid using your card, you will remain directly liable to Meta for all unpaid amounts. If you fail to pay applicable fees, Meta reserves the right to charge interest at the rate of 1.5% per month, or the maximum amount permitted by law (if lower). You may cancel your Services here. You also acknowledge that Services are subject to these Terms and any additional terms related to the provision of the Service. 10.2. Nonpayment of any fees or other sums due to Meta or any other party related to your use of the Service will result in Service termination. We may, at our discretion, also appoint an outside debt collection agency to collect amounts owed to us. You agree to reimburse us for all costs that we incur in enforcing our collection of your unpaid amounts, including debt collection agency fees, reasonable attorneys' and legal fees and court costs. 10.3. All overcharges or billing disputes must be reported within 30 days of the time that the dispute occurred. If you dispute a charge to your payment card issuer that, in our reasonable judgment, is a valid charge under the provisions of this Agreement, you agree to pay us an additional charge (“Administration Charge”) to investigate the matter. We will refund any such Administration Charge if our investigation finds that your action in disputing the charge to your card issuer was justified because the charge was not valid under the provisions of this Agreement 10.4 All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. All Premium Services and Your rights to use them expire at the end of the paid period of Your Premium Services account.
By signing up for certain subscriptions, you agree that your subscription will be automatically renewed. Unless you cancel your subscription, you authorize us to charge your payment method for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of subscription purchase. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular subscription. We will not refund fees that may have accrued to your account and will not prorate fees for a cancelled subscription. From time to time, we may offer a free trial subscription for a service. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time
The Platform is operated by Meta in the United States. If you choose to access or use the Platform from a location outside of the United States, you do so on your own initiative, and you are responsible for compliance with applicable local laws.
15.1. YOU UNDERSTAND AND AGREE THAT THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, MAY NOT BE FUNCTIONAL ON CERTAIN DEVICES AND/OR IN CERTAIN COMPUTING ENVIRONMENTS AND META SHALL HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE PLATFORM OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE PLATFORM. 15.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, META EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 15.3. META MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS OR RELIABILITY OF ANY INFORMATON MADE AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE PLATFORM. 15.4. META DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE PLATFORM WILL BE CORRECTED OR (e) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, META AND ITS AFFILIATES, LICENSEES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PLATFORM, EVEN IF META OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES; OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; ORTHE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA GENERATED, COLLECTED, PROCESSED OR MAINTAINED BY OR THROUGH YOUR USE OF THE PLATFORM. 16.2. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF META OR ANY OF THE RELATED PARTIES EXCEED ONE HUNDRED DOLLARS ($100). Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Meta and the Related Parties shall be limited to the fullest extent permitted by law.
March , 2020
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