Terms & Conditions

Terms of Use

 

YOUR USE OF THIS WEBSITE AND YOUR TRANSACTIONS CONDUCTED WITH THE COMPANY IN CONNECTION WITH THIS WEBSITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, ALSO REFERRED TO AS "TERMS OF USE". CLICKING ONTO WEB PAGES BEYOND THE WEBSITE'S HOMEPAGE OR THIS TERMS OF USE PAGE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE WEBSITE OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE THIS WEBSITE.

WEBSITE OWNERSHIP

This website is owned and operated by Portioned, LLC., which is referred to below as "PM" or "we" or "us" or "Company" or "our"; provided that, any such reference used on this website may also refer to any of Portioned, LLC's strategic business partners, agents, principals, managers, or members.

PERMITTED USE

You agree that:

  1. your use of this website is subject to and governed by these Terms of Use,
  2. you will only access or use this website and transact business with us if you are at least 18 years old,
  3. you will comply with and be bound by these Terms of Use as they appear on this website each time you access and use this website,
  4. each use of this website by you indicates and confirms your assent to, and agreement to be bound by, these Terms of Use, and
  5. these Terms of Use are a legally binding agreement between you and PM that will be enforceable against you.

You agree that you will not use or attempt to use this website for any purpose other than conducting business with PM as a bona fide client of PM; you may not use or attempt to use this website or any part of this site for any purpose:

  1. that interferes with or induces a breach of the contractual relationships between PM and its employees;
  2. that is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
  3. that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited emails, unsolicited commercial communications;
  4. that transmits any harmful or disabling computer codes or viruses;
  5. that harvests email addresses from this site;
  6. that transmits unsolicited email to this site or to anyone whose Email address included the domain name under on this website;
  7. that interferes with our network services;
  8. that attempts to gain unauthorized access to our network services;
  9. that suggests an express or implied affiliation or relationship with PM (without the express written permission of PM);
  10. that impairs or limits our ability to operate this website or any other person's ability to access and use this website;
  11. that uses any methods, means or devices to click on to this website or cause a visit to this website for the purpose of manipulating the results of any Internet search engine, or for any other purpose other than conducting business with PM as a bona fide client of PM;
  12. that unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
  13. that harms minors in any way, including, but not limited to, transmitting or uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
  14. that transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
  15. that harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
  16. affiliates;
  17. that transmits or uploads any content or images that infringes any third party's intellectual property rights or infringes any third party's right of privacy; or
  18. that unlawfully transmits or uploads any confidential, proprietary or trade secret information.

ACCESS TO THIS WEBSITE

PM reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this website.

USE OF THIS WEBSITE

You agree and acknowledge that you have the sole responsibility and liability for your use of this website and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, internet services, and other products or services necessary or desirable for you to access and use this website.

INTELLECTUAL PROPERTY RIGHTS

The marks appearing on this website and the respective logos, emblems, slogans, and designs are trademarks and/or service marks of PM unless otherwise indicated to the contrary. All other marks used on this website are the property of their respective owners.

Web Page Content: You acknowledge and agree that:

  1. all content, web pages, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, "look and feel", and the operation of this website (collectively "Web Page Content") are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and
  2. all rights associated with the Web Page Content are owned by PM, its licensors, or content providers.

Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any web page, or alter the appearance of any Web Page that dilutes or depreciates the name and reputation of PM or any of its Content.

You may not use Web Page Content, domain names (in whole or in part), or email addresses related to or derived from this website, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this website, for any purpose; meaning that you may not, among other prohibited uses, use any Web Page Content, domain names, email addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this website:

  1. in or as any meta-tag or hidden text;
  2. in or as part of any contextual marketing directory, index, or triggering term;
  3. as content or advertising related to any other website including, but not limited to, comparative/informational websites; or
  4. as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Company's website or controls the content of any other Internet browser window.

Submissions: You acknowledge and agree that all submissions to PM containing any personal data, comments, improvements, suggestions, or ideas regarding this website will become and remain our exclusive property, including any future rights associated with such submissions, even if the provisions of these Terms of Use are later modified or terminated. This means that you forever disclaim any proprietary rights in such submissions, and you acknowledge PM's unrestricted right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.

Testimonials: You acknowledge and agree that all testimonials submitted to PM will become and remain our exclusive property, even if the provisions of these Terms of Use are later modified or terminated. This means that you irrevocably grant to PM the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that PM may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictions name herewith.

LINKING

Not Responsible For Links to Other Websites: For your convenience, this website may provide links to other websites on the world wide web. Unless expressly stated otherwise on this website, PM does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which this website may provide a link. By using this website you acknowledge and agree that PM will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials.

No Advertising / No Links. PM does not permit third-party advertising on this website. Except with the written permission of PM, you agree that you will not create links from any website or web page to this website or any web page within this website.

REVISIONS AND MODIFICATIONS

You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this website at the time you access this website. Because these Terms of Use may change, we encourage you to refer back often to these Terms of Use. In addition, you agree and acknowledge that all other contents, services, products and materials on or available through this website are subject to updating and revision without notice to you. You further acknowledge and agree that individual modifications to the Terms of Use may not be altered by contract unless expressly permitted in writing by an authorized representative of PM.

LOCATION

You understand and acknowledge that PM controls and operates this website from within the United States of America. This website provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this website will be available (a) anywhere outside of the United States or (b) in every state (or any federal district or territory) within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this website.

USER IDS AND PASSWORDS

Certain areas or features of this website may be restricted to users who have obtained a user identification and password by completing a registration process described on this website. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this website. You agree to notify PM immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this website by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this website that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

PRIVACY AND SECURITY

For information on how PM uses and protects the personal information that you may provide through this website, please visit: https://www.portionedmeals.com

INDEMNIFICATION

If you make any unauthorized use of this website or violate the Terms of Use: (a) you may be in violation of copyright and other laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to the Company. You agree to indemnify PM and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents, and representatives of PM and its affiliates, vendors and licensors, against, and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney's fees and court costs, that arise from or are related to your use of this website and/or your breach/violation of or failure to comply with the Terms of Use.

DISCLAIMERS

THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PM MAKES NO REPRESENTATION OR WARRANTY REGARDING THE WEB PAGE CONTENT OR ITS USE THEREOF. THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. PM HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.

YOU ACKNOWLEDGE AND AGREE THAT PM IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEBSITE OR ITS OPERATION. AS TO THE OPERATION OF THIS WEBSITE, PM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PM MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS WEBSITE WILL MEET YOUR OR ANY OTHER USER'S REQUIREMENTS; (B) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS WEBSITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT PM, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS WEBSITE.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL MM BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. YOU AGREE THAT PM SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL PM' TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS WEBSITE OF WEB PAGE CONTENT THEREON.

COMMUNICATIONS WITH COMPANY

Time Sensitive Instructions: Do not use the website or email to communicate any time-sensitive instructions that are in any way related to or affect your business with us. Such communications or instructions may not be honored. All transactions conducted on this website or via email must be confirmed in writing by us to be accepted by and binding upon us.

E-Signature: General communications through this website or via email are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a "click to accept" button or box (or such similar buttons, boxes, or actions) is binding upon you.

Recording & Monitoring of Communications: Your communications with us via the website, email, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.

CONTACT METHODS AND OPT-OUT

Permission to Be Contacted: By submitting information to PM through this website or otherwise you are making an inquiry as to programs and services offered by PM and its partners, vendors, and customers (collectively, “Affiliates”) and you give PM and its Affiliates permission to contact through email, fax, or telephone, or any means, even if your phone number is on a "Do Not Call" list.

Permission to Share Your Information: When you "submit" information through PM’s website or otherwise, PM may send your information to its Affiliates.

APPLICATION OF ADDITIONAL TERMS

You acknowledge that certain features of this website, as well other products and services of PM, including those that may be available through this website, may be subject to terms, conditions and disclaimers in addition to these Terms of Use, and you agree that your use of such products and services will be subject to such additional terms, conditions, and disclaimers.

AGREEMENT TO PROVIDE ACCURATE INFORMATION

In making an inquiry, application or in entering into any other transaction or request for information on this website, you agree to provide accurate, true, current, and complete information upon which PM may rely.

GOVERNING LAW

You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the use of this website shall be filed only in the state or federal courts located in San Diego, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

SEVERABILITY

You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.