Please read the following terms of service for myrealfoods.com.
This is a separate agreement from any agreement you may make with a club or seller hosted on this site.
). This Agreement constitutes a valid and binding agreement between you ("you," "your", "user," "member") and Montauk Software LLC, the owner of the myrealfoods.com website (the "Company," "MTK", "us", "we"). If you have any questions about this Agreement, please send us an e-mail at email@example.com or by mail at PO Box 1544, East Hampton New York 11937. IF YOU DO NOT ACCEPT THIS AGREEMENT, WE WILL NOT GRANT YOU ANY LICENSE OR USE RIGHTS HEREUNDER AND YOU SHOULD EXIT THIS SITE IMMEDIATELY.
1. ELIGIBILITY. You must be 13 years of age or older to enter this Site and/or download any of the content available on the Site on your own. If you are under the age of 13, please exit the Site. MTK reserves the right to ask for proof of age and to withhold or terminate your membership if you are below the specified age requirement. Registration or membership with the Site is void in any jurisdiction where prohibited. You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. CHANGES TO SITE AND/OR TERMS AND CONDITIONS OF SERVICE. MTK reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site or this Agreement, in whole or in part, at any time. Changes to this Agreement will be effective when posted. MTK will notify all users by way of announcement on the Site, if and when changes are made. You agree to review this Agreement periodically to be aware of any changes. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. You also hereby consent to the exchange of information and documents between us electronically over the Internet or by e-mail and accept the risks including security and privacy risks from internet and e-mail communications.
3. MODIFICATIONS TO SITE AND/OR SERVICES. MTK reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any service offered through the Site (or any part thereof) with or without notice. You agree that MTK shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any service offered through the Site.
5. ACCOUNT SECURITY. You will be responsible for creating and maintaining the confidentiality of your user name and password. You are responsible for all activity occurring under your account. You agree that you will (i) immediately notify MTK of any unauthorized use of your user name or password and (ii) ensure that you properly exit any services and/or the Site at the completion of your session. MTK shall have no liability for any loss or damage arising from your account or your failure to comply with these requirements.
6. REGISTRATION ACCURACY. In consideration of your use of the Site you agree to: (1) provide true, accurate, current and complete information about yourself in responding to and completing the Site's registration form (the "Registration Information"); and (2) keep the Registration Information true, accurate, current and complete by maintaining and promptly updating it. If you provide any information that is untrue, inaccurate, not current or incomplete or MTK has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MTK has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
7. OWNERSHIP AND INTELLECTUAL PROPERTY. Any and all materials MTK furnishes through the Site are the sole property of MTK and are protected to the fullest extent possible by copyright, trademark and other intellectual property laws. You may use such materials as provided herein but are strictly prohibited from copying, reproducing, retransmitting, distributing, publishing, commercially exploiting, or otherwise transferring any such materials in any format or medium whatsoever. The content and materials furnished and otherwise made available by other users and subscribers are provided to you for use as provided herein. If you wish to redistribute such content in any manner outside the normal operation of the Site, you bear sole responsibility to obtain permission from the user or subscriber who posted it.
8. COMPLIANCE WITH LAW. Any use of the Site including but not limited to posting, distributing, or otherwise making available any content or materials (including but not limited to text, graphics, video, software programs or audio) must be lawful and you expressly agree to avoid any use that is potentially or actually unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or judicial ruling. You shall not post content or materials that generally contain advertising or any form of commercial solicitation. You shall not falsely claim to be or represent any third parties including but not limited to MTK personnel or another user or subscriber.
9. RELIANCE ON CONTENT. All materials related to health and/or nutrition information are provided for educational purposes only. You agree and acknowledge that the opinions, advice, statements, or any and all other information, products, or content made or sold by users, members or subscribers any third parties, that are available through the Site, are solely the responsibility of such users, members or subscribers, and that you shall use reasonable care and shall bear sole responsibility in choosing to or choosing not to act or rely upon them. You agree and acknowledge that MTK does not in any way guarantee that any content or products for sale offered through the Site is error free or suited for any purposes. You should always consult a physician regarding the applicability of any opinions or recommendations with respect to any nutritional and/or medical advice offered through the Site. MTK does not in any way adopt or endorse the opinions, viewpoints, or statements made by any members of the Site.
10. FEES FOR SERVICES. MTK does not charge you to join the Site and purchase listed goods offered by sellers. Any agreement you may make with sellers or other parties (such as membership fees, delivery fees, e.g.) is completely separate from this Terms of Service agreement with MTK.
10b. FEES FOR SERVICES FOR CERTAIN PARTIES. MTK charges certain parties a service fee for the use of the site, that may include sellers of listed goods, or clubs, individuals, or entities that represent sellers of listed goods. These parties are charged fees for online services and administrative features provided by the Site (Service Fee). MTK may change the Service Fee structure from time to time and the parties' continued use of this Site shall be considered an acceptance of any such changes. Unless otherwise stated, the Service Fee shall be in U.S. Dollars. The parties shall pay the monthly Service Fee and any applicable taxes within 30 days of being invoiced.
11. CONTENT. By posting your content on MTK, you grant MTK a non-exclusive, perpetual, irrevocable, royalty-free right to exercise the copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future throughout the universe.
12. NO LIABILITY FOR OTHER USERS. You acknowledge that neither MTK and/or the Site is a traditional retail or wholesale business and that MTK and/or the Site does not transfer legal ownership of any items from any seller to any buyer. You acknowledge that MTK shall not be held responsible for the content, materials, postings, actions or omissions, products or listings of other MTK users. You understand that the Site is merely a platform for parties to offer, sell, and buy food products. You further understand that MTK, its officers, directors, employees, and/or agents in no way become involved or participate in any actual transactions between buyers and sellers. MTK exercises absolutely no control over and does and cannot not guarantee any aspect of any user's content or items for sale, the ability of any users to actually sell any items, the ability of any users to pay and/or purchase and items, or any transaction will be successfully completed. Nothing herein shall be construed to conflict with California Commercial Code 2401(2) and Uniform Commercial Code 2-401(2).
13. NO LIABILITY FOR DISPUTES WITH OTHER USERS. MTK shall be entirely and absolutely released and held harmless with regard to any disputes you may have with any other users, and you release MTK and its respective parents, subsidiaries, affiliates and agents, and each of their respective officers, directors, employees from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, stemming from or in any way connected with such disputes. If you reside in California, you hereby waive California Civil Code 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
14. TERMINATION. You understand and agree that MTK may, in its sole discretion and at any time, terminate your password, or any content posted or submitted by you to the Site or any service, for any reason. MTK may also, in its sole discretion and at any time, discontinue any service or limit or restrict any user's access thereto, for any reason. You understand and agree that MTK may take any one or more of these actions without prior notice to you. Should MTK take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account, including your registration information and submitted content. You understand and agree that MTK shall not have any liability to you or any other person for any termination of your access to any service and/or the removal of information concerning your account.
You agree not to use or attempt to use the Site, for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person. Improper uses include, but are not limited to:
(a) The violation of any applicable law or regulation;
(b) The posting or transmission of materials and/or content that you do not have the right or authorization to post or transmit;
(c) The posting or transmission materials and/or content that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other right;
(d) Posting or transmitting content that is in MTK's sole discretion and judgment is considered unlawful, defamatory, infringing, libelous, slanderous, indecent, improper, offensive, in bad taste, inconsistent or disparaging to MTK's, its trade name, and public image;
(e) Attempting to intercept, collect or store data about third parties without their knowledge or consent;
(f) Deleting, tampering with or revising any material posted by any other person or entity;
(g) Accessing, tampering with or using non-public areas of the Site or any MTK website or MTK's computer systems and network;
(h) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
(i) Attempting to copy, duplicate, or reveal the inner workings or administrative functions of the Site, for the purpose of creating a competing website or business, or enabling another party to do so.
(j) Attempting to access or search the Site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web browser;
(k) Sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or services, "pyramid schemes", "spam", "chain mail" or "junk mail";
(l) Using or attempting to use the Site to send altered, deceptive or false source-identifying information;
(m) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site;
(n) Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to the Site or any other user, overloading, "flooding," "spamming," "crashing," or "mail bombing" the Site; or
(o) Impersonating or misrepresenting your affiliation with any person or entity.
15. LINKED SITES. MTK is not necessarily affiliated with Web sites which may be linked to or from the Site (the "Linked Sites") and is not responsible for their content. Links from the Site to the Linked Sites are for your convenience only and you access them at your own risk.
16. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
ALL SERVICES PROVIDED THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO CALENDERING, MESSAGING, AND PERSONAL WEB PAGES, ARE ON ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS. MTK DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED BY IT UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MTK DOES NOT GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES PROVIDED THROUGH THIS SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL MATERIALS. MTK DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES OFFERED THROUGH THIS SITE.
ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM DOWNLOADING SUCH MATERIAL AND/OR DATA.
MTK EXPRESSLY DISCLAIMS ANY AND ALL INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES IN ANY EVENT EVEN IF ADVISED BEFOREHAND OF SUCH DAMAGES AND IN NO EVENT SHALL MTK BE LIABLE FOR SUCH DAMAGES RESULTING FROM THE ACTIONS OR CONDUCT OF ANY MTK SUBSCRIBER OR USER. NOT LIMITING THE GENERALITY OF THE FOREGOING, MTK MAKES ABSOLUTELY NO WARRANTIES AND NO REPRESENTATIONS ABOUT THE NATURE, CHARACTER, ABILITY, QUALITY, PROFESSIONAL STANDING, PROFESSIONAL LICENSING, OR PROFESSIONAL CERTIFICATION OF ANY MTK SUBSCRIBER. MTK IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT ANY THIRD PARTY, SUBSCRIBER OR USER OBTAINS BY OR THROUGH ANY OF THE SUBSCRIBERS OR USERS OF THIS SITE.
TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MTK'S LIABILITY FOR ANY LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND INCLUDING THAT WHICH MAY BE DUE TO MTK'S ACTUAL OR ALLEGED NEGLIGENCE, SHALL NOT EXCEED THE AMOUNT A SUBSCRIBER OR USER PAID FOR THE USE OF THIS SITE.
17. HOLD HARMLESS AND INDEMNIFICATION. By using the Site, you agree to indemnify and hold MTK and its respective parents, subsidiaries, affiliates and agents, and each of their respective officers, directors, employees and Third Party Providers harmless, including but not limited to reasonable attorneys' fees, from and against any claim or demand, made by any third party due to or arising out of your use of the Site, or the use of the Site by any party using your account, including but not limited to violation of the Agreement or the infringement of any intellectual property or other right of any person or entity.
18. GOVERNING LAW. If there is any dispute arising out of the Site, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of New York and the federal laws of the United States of America, without regard to its conflict of law provisions and excluding that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods. You expressly agree to submit to the exclusive jurisdiction of the New York courts.
19. NO PARTNERSHIP. Nothing herein shall be construed to create an agency, partnership, joint venture, employee-employer or franchiser-franchisee.
20. SEVERABILITY. If any provision of this Agreement or the application thereof to any Person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
21. ENTIRE AGREEMENT. It is hereby acknowledged that this Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.