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| Welcome to the Menulab (“Menulab”) Web site (the “Web site”).
Please review the following terms and conditions concerning your use of the Web
site. By accessing, using or downloading any materials from the Web site, you
agree to follow and be bound by these terms and conditions (the "Terms").
Menulab reserves the right to change the Terms at any time and in its sole
discretion. In case of any violation of the Terms, Menulab reserves the right
to seek all remedies available to it in law and in equity. In order to access
and use any Menulab product, you must agree to the terms of the
Software License Agreements for the product in question. |
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| OWNERSHIP |
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| You acknowledge that all materials provided on this Web site,
including but not limited to information, documents, products, logos, graphics,
sounds, images, software, and services ("Materials"), are provided either by
Menulab or by their respective third party authors, developers and vendors
("Third Party Providers") and the underlying intellectual property rights are
owned by Menulab and/or its Third Party Providers. |
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| Menulab company and product logos displayed on this web site are
trademarks of Menulab, one of its affiliates, or third parties who have
licensed their Trademarks to Menulab or one of its affiliates. Menulab, the
Menulab logo, SlidingMenu and other Menulab products
referenced herein are trademarks of Menulab, and may be registered in certain
jurisdictions. MS SQL Server, Excel, Access and Windows are registered trademarks of Microsoft
Corporation. All other company, product and brand names are trademarks of their
respective owners. |
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| Except as expressly stated in these terms and conditions, you may
not reproduce, display or otherwise use any Menulab Trademark without first
obtaining Menulab's written permission. |
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| LIMITED LICENSE / RESTRICTIONS |
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| Subject to the terms and conditions of this Agreement, Menulab
hereby grants you permission to display, cache, and download Menulab's
Materials on this Web site provided that: (1) you display the relevant ownership
notices provided with the Materials; (2) Except as provided in a separately
executed The Menulab Software License Agreement between you and Menulab, the
use of such Materials is solely for your personal, non-commercial and
informational use and will not be used for commercial gain; and (3) the
Materials are not modified in any way. This permission terminates automatically
without notice if you breach any of these terms or conditions. |
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| Except as stated herein, none of the Materials may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including but not limited to
electronic, mechanical, photocopying, recording, or other means, without the
prior express written permission of Menulab or the Third Party Provider. Also,
you may not "mirror" any Materials contained on this Web site on any other
server without Menulab's prior express written permission. |
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| Except where expressly provided otherwise by Menulab, nothing on
this Web site shall be construed to confer any license under any of Menulab's
or any Third Party Provider's intellectual property rights, whether by estoppel,
implication, or otherwise. You acknowledge sole responsibility for obtaining any
such licenses. Materials provided by Third Party Providers have not been
independently reviewed, tested, certified, or authenticated in whole or in part
by Menulab. Menulab does not provide, sell, license, or lease any of the
Materials other than those specifically identified as being provided by
Menulab. |
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| Any unauthorized use of any Materials contained on this Web site
may violate copyright laws, trademark laws, the laws of privacy and publicity,
and communications regulations and statutes. |
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| TERMINATION OF SERVICES/ WEB SITE |
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| Menulab may modify or discontinue its Web site or the Materials
provided here at any time, with or without notice to you. Menulab will not be
liable to you or any third party as a result of such modification or
discontinuation. Menulab reserves the right, in its sole discretion and at any
time, to terminate your access to the Web site and/or any of its services
without liability to you or any third-party. In addition, access to the Web site
may be monitored by Menulab. Upon termination of these Terms, you will
immediately destroy any downloaded or printed Materials. |
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| LINKS OTHER WEB SITES |
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| This site may contain hyperlinks to web sites that are not
operated by Menulab. These hyperlinks are provided for your reference and
convenience only, and do not imply any endorsement of the material on these
third-party web sites or any association with their operators. Menulab does
not control these web sites and is not responsible for their contents. You
access and use these web sites solely at your own risk. |
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| SUBMISSIONS |
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| Except where expressly provided otherwise by Menulab, all
comments, feedback, information or materials submitted to Menulab through or
in association with this Web site ("Submissions") shall be considered
non-confidential and Menulab's property. By providing such Submissions to
Menulab, you agree to assign to Menulab, at no charge, all worldwide rights,
title and interest in copyrights and other intellectual property rights to the
Submissions. Menulab shall be free to use and/or disseminate such Submissions
on an unrestricted basis for any purpose. You acknowledge that you are
responsible for the Submissions that you provide, and that you, not Menulab,
have full responsibility for the Submissions, including their legality,
reliability, appropriateness, originality and copyright. |
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| DISCLAIMER |
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| THE MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS", ARE
EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND Menulab HEREBY DISCLAIMS
ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT,
EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Menulab MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO
THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE
MATERIALS CONTAINED ON THE WEB SITE OR ANY OTHER WEB SITE REFERENCED BY THIS WEB
SITE. |
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| LIMITATION OF LIABILITY |
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| IF YOU ARE NOT SATISFIED WITH THE Menulab WEB SITE, YOUR SOLE REMEDY IS TO
DISCONTINUE YOUR USE OF THE WEB SITE. YOUR USE OF THIS WEB SITE IS AT YOUR SOLE
RISK. Menulab SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF
USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE
MATERIALS, OR USE OR INABILITY TO USE THE WEB SITE. IN NO EVENT SHALL Menulab
BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE,
DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF
Menulab HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU
HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR
EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM
AGAINST Menulab FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR
LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD
Menulab HARMLESS FROM, AND YOU COVENANT NOT TO SUE Menulab FOR, ANY CLAIMS
BASED ON OR RELATED TO THE USE OF THE WEB SITE. THE EFFECTIVENESS OF THESE
LIMITATIONS IS AN EXPRESS PRECONDITION TO YOUR USE OF THIS WEB SITE. SOME
COUNTRIES OR SOME POLITICAL SUBDIVISIONS OF CERTAIN COUNTRIES DO NOT ALLOW THE
LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT
APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID
OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Menulab
AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE
WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS. |
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| INDEMNIFICATION |
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| In exchange for accepting the benefits you receive by accessing
this Web site, you agree to defend, indemnify, and hold harmless Menulab, its
officers, directors, employees, agents, and partners, from and against any
claims, actions, or demands, including without limitation reasonable legal and
accounting fees, made by any third party due to or resulting from your use of
the Web site, your violation of these Terms, or your violation of any laws,
regulations, or third-party rights. |
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| ADDITIONAL INFORMATION |
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| Any questions relating to this Web site or the terms and
conditions may be directed to contact@Menulab.com. |
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