- Terms and Conditions
This page contains the Terms and Conditions for the MenuMax Subscription service and recipes and other content provided within (collectively, “MenuMax Subscription”). By registering for the MenuMax Subscription, you agree to these Terms and Conditions, either for yourself or on behalf of your employer or another entity. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms and Conditions. If you do not have the legal authority to bind, do not put a check in the box next to I agree to the Terms and Conditions.
Personal or Internal Business
The MenuMax Subscription is made available to you for your personal or internal business use in compliance with all applicable laws, rules and regulations. If you wish to make commercial use of the MenuMax Subscription, including but not limited to selling or distributing the MenuMax Subscription, you must enter into a separate distribution agreement with MenuMax or join the MenuMax Subscription affiliate program. In order to register for the MenuMax Subscription, you must provide complete and accurate identification, contact, and billing information required as part of the registration process. MenuMax reserves the right to refuse or discontinue the participation of any applicant at any time in its sole and absolute discretion.
You may not distribute, modify, copy, license, or create derivative works of the MenuMax Subscription or any services or software associated with or derived from it, unless you obtain MenuMax’s express prior written permission. If you wish to do any of the above, please contact us by sending an e-mail to client support
The MenuMax Subscription may communicate with MenuMax’s servers to check for available updates to the software, such as new recipes, bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). During this process, the MenuMax Subscription sends MenuMax a request for the latest version information. By installing the MenuMax Subscription, you hereby agree to automatically request and receive Updates from MenuMax servers.
You may cancel your MenuMax Subscription at any time. However, your monthly subscription fee will not be prorated and you will be charged the monthly subscription fee for the full month in which you cancel. To cancel, please contact us by sending an e-mail to client support
You acknowledge that MenuMax or its licensors own all right, title and interest in and to the Subscription, portions thereof, or software provided through or in conjunction with the MenuMax Subscription, including without limitation all Intellectual Property Rights. “Intellectual Property Rights” means any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to (and agree not to allow third parties to) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code from the MenuMax Subscription, or to extract significant portions of the MenuMax Subscription’s files or recipes for use in other applications. You also agree not to (and agree not to allow third parties to) remove, obscure, or alter MenuMax or any third party’s copyright notice, trademarks, or other proprietary-rights notices affixed to or contained within or accessed in conjunction with or through the MenuMax Subscription.
User-Generated Content and Feedback
Operators will be able to participate in MenuMax’s social network through direct messages on the MenuMax Web site, e-mail and SMS (text messaging). Any content entered into the system by operators will remain property of the operator generating the content.
If you have comments on the MenuMax Subscription or ideas on how to improve it, please visit our Contact Us Page. You grant MenuMax and third parties permission to use and incorporate your ideas or comments into the MenuMax Subscription (or third party software or content) without further compensation or approval.
Changes to Terms and Conditions
MenuMax reserves the right to modify these Terms and Conditions from time to time at its sole and absolute discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified. Please review the most current version of the Terms and Conditions from time to time (or such successor URL as MenuMax may provide), so that you will be apprised of any changes.
Disclaimer of Warranties
MenuMax and any third party who makes its software or content available in conjunction with or through the MenuMax Subscription disclaim any responsibility for any harm resulting from your use (or use by your employees, agents or contractors) of the MenuMax Subscription and/or any third party software or content accessed in conjunction with or through the MenuMax Subscription. The MenuMax Subscription and any third party software and content made available in conjunction with or through the MenuMax Subscription are provided “as is,” with no warranties whatsoever. MenuMax and such third parties expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. MenuMax and any third party who makes its software or content available in conjunction with or through the MenuMax Subscription disclaim any warranties regarding the security, reliability, timeliness, and performance of the MenuMax Subscription and such third party software or content. You understand and agree that you use the MenuMax Subscription and all third party software or content made available in conjunction with or through the MenuMax Subscription at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from such download or use.
Limitation of Liability
Under no circumstances shall MenuMax or any third party who makes its software or content available in conjunction with or through the MenuMax Subscription be liable to any user on account of such user’s use or misuse of the MenuMax Subscription or such third party software or content. Such limitation of liability shall apply to prevent recovery of direct, compensatory, indirect, incidental, consequential, special, exemplary, punitive or other form of damages, whether such claim is based on warranty, contract, tort (including negligence and strict liability), or otherwise, even if MenuMax and/or a third party software or content provider have been advised of the possibility of such damages. Such limitation of liability shall apply whether the damages arise from use, misuse, inability to use, interruption, suspension, or termination of the MenuMax Subscription or any third party software or content made available in conjunction with or through the MenuMax Subscription. Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to the conflict of laws and provisions of Florida and your state or country of residence. The federal or state courts located in St. Johns County, Fl., shall have exclusive jurisdiction and venue over any proceedings arising out of or in connection with these Terms and Conditions or your use of the MenuMax Subscription. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. You agree to the replacement of any invalid provision with a valid provision which most closely approximates the intent and economic effect of the invalid provision. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by MenuMax.