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mealTrain.com Terms Of Service

LAST REVISED: January 25th, 2013

Acknowledgment and Acceptance of Terms of Service

Meal Train LLC (“Meal Train”, “we” or “us”) provides certain services (described below) on or through our website, www.mealtrain.com, (the "Site"). By using our Site, you agree to the following terms and conditions (the "Terms of Service"). If you do not understand or agree with these Terms of Service, please do not use the Site or the Meal Train Service (as defined below) and do not register to be a member of the Site.

If you have any questions or concerns regarding these Terms of Service, please let us know by contacting us through the "Contact Us" tab on the home page or by writing to us at

Meal Train LLC
47 Caroline Street
Burlington, VT 05401

By completing the registration process or using any part of the Meal Train Service (see description below), you agree to be bound by all of the terms and conditions herein. You may continue to use mealTrain.com as long as you adhere to these terms of service.

Overview

The Site offers a service that allows for the creation of a community meal coordination service (known and referred to as a meal train, dinner train, supper train, food train, care train) for a recipient, send invitations to friends, receive invitations, book dates for meal delivery, research meal train planning ideas, and research etiquette tips and tools, (herein referred to as the "Service" or “Meal Train Service”). These Terms of Service apply to the Service.

Eligibility

Use of the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service. You must be an individual of 13 years of age or older to register or use the Site.

Privacy Policy

It is Meal Train’s policy to respect the privacy of its users. Meal Train’s policies with regard to personally identifiable information it collects from you, what information third parties affiliated with Meal Train collect from you, and how that information is used is governed by the mealTrain.com Privacy Policy.

License to Use and Access the Meal Train Service

Meal Train grants you a limited license to access and make personal use of this Site and the Service. This Site or any portion thereof, may not be reproduced, modified, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without the express written consent of Meal Train.

Use of the Site at Your Own Risk

Your access to and use of the Site and Services and is at your own risk. Meal Train will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Site or Services.

Registration, My Profile Page and Inbox

You are required to register with mealTrain.com if you want to organize a mealTrain, send an invitation, book or cancel a day on a meal train calendar, save and access saved information, view and edit your "My Profile" page, and upload photos. Not all of the features in the previous sentence may be available at any given time and Meal Train may require registration for additional features that may be developed or added to the Meal Train Service from time to time. In order to register with mealTrain.com, you must supply a valid email address, which will be used as a unique identifier for your Profile, your name, ZIP code, and a password.

You:
  • are solely responsible for maintaining the confidentiality of your password and Profile
  • agree not to transfer your email address or password to any third party.
  • lend or otherwise transfer your use of or access to the Meal Train Service to any third party.
  • are solely responsible for any and all activities that occur under your Profile.
  • may change your password, or any other Profile information, at any time by following instructions available on your "My Profile" page or as outlined in the privacy policy.
  • agree to immediately notify us of any unauthorized use of your Profile or any other breach of security related to your Profile or the Meal Train Service, and to ensure that you "log off"/exit from your Profile (if applicable) at the end of each session.
We:
  • are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

In addition, you agree to provide certain current, complete, and accurate information about you and maintain and update this information as required to keep it current, complete and accurate. Meal Train reserves the right to terminate your Profile and use of the Meal Train Service if any information provided by you during your original registration or My Profile Page sign-up is inaccurate.

Description of the Meal Train Service (including, but not limited to)

meal train (or food train, dinner train, supper train, care train) Creation: A meal train is a private community coordination program that enables an organizer to specify the days, times and meal preferences of the recipient to coordinate the effort of friends, family, colleagues, congregation members, and neighbors in the delivery of meals after important life events. If you want to send a meal train invitation, you must be registered with Meal Train (see Registration above).

mealTrain.com Date Booking: In the event that an individual is invited to participate in a mealTrain, the mealTrain.com date-booking feature simplifies the process by allowing the giving party to take into account the many complicating details such as available days, meal times, and meal preferences to ensure that the recipient gets the meals on the days that are most helpful. You must be registered with Meal Train to book a date.

meal train Tips and Tools: The tips and tools pages include ideas, tips and tools, and meal train etiquette which can be used to help you plan your meal train event. Such tips and tools include multiple pages of content with tips on what to make, recipes, how long to stay and other delivery ideas. The tips and tools pages are for informational purposes only and are available without registration.

Service mark and Content Restrictions

The MEAL TRAIN, FOOD TRAIN, SUPPER TRAIN, DINNER TRAIN, CARE TRAIN, names and logos are service marks (or pending service marks) of Meal Train LLC. The trade names and service marks owned by Meal Train LLC, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion.

All other trademarks appearing on the Meal Train Service are trademarks of their respective owners. Our partners may also have additional proprietary rights in the content which they make available through the Meal Train Service.

You acknowledge that the Meal Train Service may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. You agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Site or the Meal Train Service, including the Content.

Content Posted by Meal Train Users

Users
  • Are solely responsible for any data, text, software, sound files, images, photographs, graphics, video, messages, files, links or any other Content that are posted through the Site. This includes, but is not limited to, the contents of your email communications, photos or images, your "My Profile" page, or in an invitation or related Content.
  • Are solely responsible for the accuracy, integrity or quality as well as the legal right to post such Content.
  • Agree that if you post any Content through the Meal Train Service, you automatically grant to Meal Train, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Content, to use, distribute, display, modify, publish, adapt, redistribute, sublicense and reproduce such Content to other users of the Meal Train Service and to third parties with whom Meal Train has a relationship.
  • Grant Meal Train the right to authorize the downloading and printing in whole or in part of any Content that you post to the Meal Train Service.
Meal Train LLC
  • does not control the Content posted by its users
  • is not liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Meal Train Service.
  • reserves the right (but has no obligation) to evaluate Content before allowing it to be posted on or through the Meal Train Site at our sole discretion we may do one or all of the following;
    • monitor the submission of Content
    • alter, remove, or refuse to post or allow to be posted or stored any Content
    • disclose any Content or any communication through the Meal Train Service, and the circumstances surrounding the transmission thereof, to;
      • any third party in order to operate the Meal Train Service
      • comply with applicable laws
      • respond to governmental inquiries or requests
      • comply with valid legal process
      • protect the rights, privacy, safety or property of Meal Train, the Site visitors or the public
      • permit us to pursue available remedies or limit the damages that we may sustain
      • enforce these Terms of Service.

Under no circumstances will Meal Train LLC, its subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns or its representatives be liable for any loss or damage caused by your reliance on Content.

Site Conduct

You agree not to;
  • post content or distribute materials (though the Site) that are libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or that we otherwise deem distasteful or objectionable (at our sole discretion).
  • interfere with or disrupt the operation of the Meal Train Service; including but not limited to transmission of a program that is harmful or invasive or that is intended to damage Site functionality.
  • engage in any other conduct which, at Meal Train’s sole discretion, is considered inappropriate, unauthorized or objectionable.
  • use any feature to engage in "spamming"
You agree;
  • to permit us to access your Profile, records, and to monitor your use for any reason (typically to provide customer service)
  • to comply will all applicable laws, regulations, and ordinances as a condition of use of the Meal Train Service.
  • to notify Meal Train at the "Contact Us" page if you feel another member is in violation of these terms
  • that you have the authorization from the party who will receive ("Recipient") the services/meals of a meal train to create the Service for them. In creating a meal train for others (friends, relatives, colleagues, etc.), you recognize the personal information that you provide us regarding the Recipient’s physical address, meal preferences, e-mail address (for Recipient and invited members), preferred dates, number of people to provide meals for, reason for event, personal comments, and phone number (if provided) will be made available to those who are invited to participate in the specific Meal Train.

Under no circumstances will Meal Train LLC, its subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns or its representatives be liable for any loss or damage caused by your conduct or the failure of the meal train organizer to attain permission from the meal train Recipient to create a meal train on their behalf.

Those who feel that their personal information has been posted without their permission should contact mealTrain.com immediately through the “Contact us” page to have the meal train removed from the site.

Links to Third Party Sites/Vendors and Contact with Advertisers/Contact with other Users

You agree that we are not responsible for:
  • Availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other Content (collectively, "Third Party Content") on or available from such sites or resources.
  • any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such Third Party Content available on or through any such site or resource.
  • any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other material available, or through such third parties, on our Site or the actions of such third parties
  • shall not be liable for your interactions with any organizations and/or individuals found on or through the Meal Train Service

Indemnification

You agree to indemnify, defend and hold harmless Meal Train LLC, subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns from any and all third party claims, liability, damages, costs or demands, including, but not limited to, attorneys' fees, arising from

  • your use of the Site and/or the Meal Train Service, including, but not limited to, all content therein and any products or services obtained by you through the Site and/or the Meal Train Service
  • the violation of these Terms of Service by you
  • the infringement by you (or other user of the Meal Train Service using your Profile) of any intellectual property or other right of any person or entity
  • your violation of any applicable law or regulation.

Limitation of Liability

In no event will Meal Train LLC be liable to you or to any third party for damages of any kind, including, without limitation, direct, special, incidental, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with this agreement, or from your access to or use of, or inability to access or use, the Site, content, files and/or services, or for any error or defect in the site, content, files or services, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, or any other legal theory, whether or not Meal Train has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that Meal Train LLC is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, Meal Train LLC will have no liability to you or to any third party for any third party content uploaded onto or downloaded from the site or through the services and/or the files, or if your data is lost, corrupted or exposed to unintended third parties.

Controlling Law and Jurisdiction

These Terms of Service and any action related thereto will be governed by the laws of the State of Vermont without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Chittenden County, Vermont, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Termination and Modification of the Meal Train Service and Terms of Service

You agree that we:
  • in our sole discretion, may terminate your password, Profile (or any part thereof) or use of the Meal Train Service, and remove and discard any Content within the Meal Train Service, for any reason, including, without limitation, for lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service
  • shall not be liable to you or any third party for any termination of your access to the Meal Train Service.
  • reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify or discontinue the Meal Train Service
  • reserve the right to amend these Terms of Service at our sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the revised draft of these Terms of Service on the Site and your continued usage will demonstrate compliance with the changes.