USE OF THE SERVICE
THIRD PARTY CONTENT
The Service may include third party content and may provide links to Web pages and content of third parties (collectively, the “Third Party Content”). We do not control, endorse, or adopt any Third Party Content and make no representation or warranties of any kind regarding the Third Party Content including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and that we undertake no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
DISCLAIMER OF WARRANTIES
Before beginning or modifying any diet or exercise program, you should consult a licensed or certified healthcare professional, such as a dietician. You acknowledge that we have advised you of the necessity for obtaining such consultations. The Service should not be used by pregnant women. The Service does not provide medical advice. We make no representation that we are a provider of medical services as defined by federal and provincial laws and regulations pertaining to medical providers and other health care related matters, or that we have any obligations with respect to (a) the appropriateness of your engaging in a fitness or diet program; (b) the results, or lack of results, obtained by your use of the Service. In no event shall we be liable for any death or bodily injury that you suffer in connection with any diet, exercise, or activity you undertake in connection with your use of the Service.
The Application and our website are provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither we nor any of our employees, managers, officers or agents (the “FitMyMeal Parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Application; (b) the Application content; (c) our website; (d) our website content; or (e) security associated with the transmission of information to us via the Application or our website. In addition, the FitMyMeal Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for any particular purpose, and non-infringement.
By accessing or using the Service, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.
The FitMyMeal Parties do not endorse any content on the Service and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
LIMITATION OF LIABILITY
In no event shall we be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Service; (b) the Service content; (c) your use of the Application or our website; (d) any action taken in connection with an investigation by us or law enforcement authorities regarding your or any other party’s use of the Service; (e) any action taken in connection with copyright or other intellectual property owners; (f) any errors or omissions in the operation of the Service; or (g) any damage to any user’s computer, mobile device, or other equipment or technology including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if we have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort. In no event will we be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury.
You agree to release us from all liability relating to your connections and relationships with other users of the Service. You understand that we do not screen users nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever arising out of or relating to the conduct of you or anyone else in connection with the Service, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications, meetings, or other interactions with users or persons you may meet through the Service.
You agree that in the event you incur any damages, losses or injuries that arise out of our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any service, property, product or other content owned or controlled by us, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any property, product, service or other content owned or controlled by us.
We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
APPLE/GOOGLE TERMS OF SERVICE