Terms of ServiceBEYONDMAX TECHNOLOGIES INC. TERMS OF SERVICE AGREEMENTEffective 1 August 20071. Acceptance of Terms of ServiceBeyondMax Technologies Inc.("Website Owner" or "we" or "us") provides the information and services contained on this Website at http://www.mealmax.com or any of the pages comprising the website ("Website") to visitors or users ("visitors" or "users", cumulatively referred to as "you" or "your" hereinafter) subject to the terms of service set forth in this Terms of Service Agreement (the "Agreement"). In addition, when accessing the website or using the services of the website, you agree to be subject to any posted terms, conditions, guidelines, policies and rules which may be applicable to a specific section or module of this website. We may post and revise such terms, conditions, guidelines, policies and rules from time to time without notice to you. You also agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the website and our service. 2. Information on the WebsiteThe website, all its content and services are provided "as is". You agree that neither the Website Owner nor any third party or data or content provider makes any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, data and/or content contained on the Website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information contained on this Website shall be construed as advice from us and you rely on such information at your own risk. 3. RegistrationCertain features of the Website may ask you to register before you use them. By registering with the Website, you represent and warrant that you are at least 18 years of age. Also, you acknowledge and agree to comply with all applicable laws of your city, province or state, and country, including laws governing alcohol consumption. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form; and (b) maintain and promptly update the information you provide to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your access to and use of the Website (or any portion thereof). 4. Member Account and PasswordYou will receive a password and account designation upon completing the registration process. You agree that you are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to : (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this Section 4. 5. Use of WebsiteYou agree that you are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Website. We do not control the content posted by you or posted by other users and do not guarantee the accuracy, integrity or quality of such content. Nor do we endorse any opinions expressed by you or other users. You understand that by accessing and using the Website, you may be exposed to information that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or ommissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available in connection with the Website, or for any failure to correct or remove information. You agree that you will not:
We may or may not pre-screen the content posted on the Website. You agree that you must bear all risks associated with the use of all content, including but not limited to any reliance on the accuracy and completeness of such content. You also agree that we reserve the right :
You agree not to perform any unauthorized reproduction, publication, modification, further distribution or public exhibition of the materials provided on the Website without the prior written consent of the Website owner or the appropriate third party. You acknowlege that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of the Website owner or any other third party. We have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of the content submitted to the Website. Consent to Disclosure: You acknowledge and agree that we may disclose your personal information and content you submitted if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service Agreement; (c) respond to claims that any content submitted by you violates the rights of third parties; or (d) protect the rights, property, or personal safety of the owner and users of the Website and the public. 6. Events at VenuesThe Website provides features to enable the users to schedule events so that physical meetings or gatherings would be held at venues that include, but are not limited to, restaurants, public parks or private enterprises (such as coffee shops). We do not supervise these events and have no control over the identity or actions of the individuals who organize these events or are present at these events. Remember you are solely responsible at your sole cost and expense for attending the events. Therefore, we request that you exercise caution and good judgment when attending these gatherings. Because we are not involved in any way with the events, and because we cannot guarantee the true nature of the events or the true identity, age, or nationality of the users, and because we do not have control over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the events, you agree that you must bear all risk and agree to release us and the event organizers from claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Website and its service. You acknowledge and agree to comply with all applicable laws of your city, province or state, and country, including laws governing alcohol consumption, while in attendance of any such event. 7. CommunicationsYou acknowledge and agree that we may send you certain communications, which are a part of our service. You may manage your subscriptions to these communications in your profile page. However, there are some basic communications that may be considered a necessary part of our service, which you may not be able to disable. The Website provides some features for you to communicate with other users without disclosing your email address. If you choose to disclose your email address to other users, whether by setting in your profile page or in any other way, you agree that you bear all related risk. Bear in mind that when you send an email to other people, your email address may be disclosed to them. When you communicate with other users through the Website, you may find other users' information to be offensive, harmful, inaccurate and deceptive, so we request you use caution when using the Website. 8. PrivacyRegistration data and certain other information about you is subject to our Privacy Policy, which is available at http://www.mealmax.com/privacy. 9. LinksExternal links to other websites or resources may be provided for your convenience, but they are beyond our control and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. You acknowledge and agree that we are not responsible for the availability of such websites and resources and not liable for any content from such websites and resources. You also agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content available on or through any such websites or resources. 10. Content SubmittedYou are solely responsible for any information and material you provide directly or indirectly, including through the registration process, through the use of the Website, or transmit to or share with other users. You should understand that your information may be accessible by and made public through syndication programs and by search engines, metasearch tools, crawlers and other similar programs. The Website may enable you to upload, publish or display photos, profiles, messages, notes, text, music, video, and other content. You agree that you will not upload, post, transmit, or share with others on or through the Website any content that you did not create or that you do not have permission to use. You understand and agree that we may, but are not obligated to, review the Website and may delete or remove (without notice) any content in our sole discretion, for any reason, with or without warning or notice, that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies. We do not claim ownership of the content you submit or make available for inclusion on the Website. However, when you post any content to the Website, which is available for inclusion on publicly accessible areas of the Website, you agree that you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the content on the Website. Also, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing. 11. IndemnityYou agree to indemnify and hold us and our directors, officers, shareholders, agents, employees, consultants, affiliates, subsidiaries, third-party partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit, share with others on or through the Website, or otherwise make available through the Website or its service, your use of the Website and its service, your connection to the Website, your violation of the Agreement, or your violation of any law, statute, ordinance or regulation or the rights of a third party, or your participation as an organizer of or attendee in an event that is scheduled through the Website (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at the event). Without limiting the foregoing, you, as an event organizer, agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, third-party partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any of the Website users or third parties due to or arising out of your actions as an event organizer, including your use of money paid to you by other users. 12. Disclaimer of WarrantiesYou agree to the following:
(a) Your use of the Website and its service is at your sole risk. The Website and its service are provided
to you "as is" and on an "as available" basis. We and our directors, officers, shareholders, agents, employees,
consultants, affiliates, subsidiaries, third-party partners and licensors expressly disclaim all warranties of
any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
(b) We and our directors, officers, shareholders, agents, employees, consultants, affiliates, subsidiaries, third-party partners and licensors make NO warranty that: 1) the Wetsite and its service will meet your requirements or expectations; 2) the Website and its service will be uninterrupted, timely, secure, reliable or error-free; or 3) the information you obtain from the Website and its service will be accurate or reliable. (c) Any material or data you download or otherwise obtain through the use of the Website or its service is accessed at your own discretion and risk. You will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data. (d) No advice or information (oral or written) obtained by you from us or through the Website shall create any warranty. (e) No services or goods received through or advertised on the Website or received through any links provided by the Website, as well as any information or advice received through any links provided through the Website, shall create any warranty. 13. Limitation of LiabilityYou agree that in no event shall we and our directors, officers, shareholders, agents, employees, consultants, affiliates, subsidiaries, third-party partners and licensors be liable to you or to any other person, firm or corporation whatsoever for any direct, indirect, incidental, special, consequential or exemplary loss, liability, personal injury or expense, or damages (including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, even if we have been advised of the possibility of such loss and damages) arising out of or in connection with the Website, its service or this Agreement or the inability to use the Website and its service, arising out of unauthorized access to or alteration of your transmissions or data, arising out of or in connection with your use of the Website, your participation in the events that are scheduled through the Website, transportation to or from event venues, attendance at events and actions of you or others at events, arising out of or in connection with statements or conduct of any third party on the Website, or arising out of any other matter relating to the Website. 14. ExclusionsSome jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in Section 12 and Section 13 may not apply to you. 15. ModificationsYou agree that we reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of the Website and its service with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of the Website and its service. 16. TerminationYou agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account, your status as a registered member of the Website, or your ability to use all or any portion(s) of the Website, for any reason, including, without limitation, if we believe that you have violated this Agreement or the documents or agreements it incorporates by reference. You agree that any termination of your account or access to all or any portion of the Website may be effected without prior notice, and acknowledge and agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion(s) of the Website. 17. Trade MarksMEALMAX and the MEALMAX logo are trademarks of BeyondMax Technologies Inc. Other names, phrases, logos, designs, graphics, icons and trademarks (collectively "trademarks") displayed on the Website are registered or unregistered trademarks of BeyondMax Technologies Inc. or third parties. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of BeyondMax Technologies Inc. or the respective owner of any third-party trademark. With respect to third parties' trademarks used on the Website, we provide clear notice to anyone viewing these trademarks that: (a) we do not own the trademarks; (b) we have no affiliation, connection or association with these third parties; (c) these third parties have not approved or sponsored us of using their trademarks in any way. We may, in appropriate circumstances and in our discretion, remove or disable access to material that infringes on the rights of others, and terminate access to the Website to those who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or you feel your intellectual property rights have been violated, please contact us. 18. General
18.1 Entire Agreement.
These website terms and conditions constitute the sole record of the agreement between you and BeyondMax Technologies Inc. in relation to your use of the website. Neither you nor we shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us with respect to your use of the Website. Our privacy policy statement (http://www.mealmax.com/privacy) is incorporated by reference. Our copyright notice (http://www.mealmax.com/copyright) is incorporated by reference. We may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be solely responsible for regularly reviewing the current version. Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the Website. No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights. The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party. All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect. Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Canada without giving effect to any principles of conflict of law. You and BeyondMax Technologies Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Vancouver, British Columbia, Canada. You agree that regardless of any statute of law to the contrary, any claim or cause of action arising out of or related to the use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information, please contact us. The section titles in the Agreement are for convenience only and have no legal or contractual effect. |