By visiting mondayismeatloaf.com you are consenting to our terms and conditions.
Overview
The terms "we", "us", and "our" refer to MIM Digital Media Publishing, LLC. The term "site" refers to mondayismeatloaf.com. The terms "user", "you", and "your" refer to site visitors, or any other users of the site.
The term "service" refers to all resource pages available, or other content related to mondayismeatloaf.com.
Use of mondayismeatloaf.com, including all materials presented herein and all online services provided by MIM Digital Media Publishing, LLC is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, and all other users of the site. By using the site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of the site
Information provided on the Site related to recipes, and other information is subject to change at any time. MIM Digital Media Publishing, LLC makes no representation or warranty that the information provided, regardless of its source (the "Content"), is accurate, complete, reliable, current, or error-free. MIM Digital Media Publishing, LLC disclaims all liability for any inaccuracy, error, or incompleteness in Content.
Lawful Purposes
You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, or other violate any law.
Our Intellectual Property
The Site contains intellectual property owned by MIM Digital Media Publishing, LLC, including copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the site, Content, or intellectual property, in whole or part, without our prior written consent.
Changed Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us by posting the new Terms and Conditions on this site. Any use of the site by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages our Terms and Conditions.
Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site. Additionally, MIM Digital Media Publishing, LLC is not liable for damages in connection with (1) any failure of performance, error, omission, denial of service attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (2) loss of revenue, anticipated profits, business, savings, goodwill, or data; and (3) third party theft of, destruction of, unauthorized access to, alteration of, or use, of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, or tort, or any other theory of legal liability. The foregoing applies even if MIM Digital Media Publishing, LLC has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law.
Third Party Resources
The Site contains links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources does not imply any endorsement by or affiliation with MIM Digital Media Publishing, LLC. You acknowledge sole responsibility for and assume all risks arising from your use of any such websites or resources.
Indemnification
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney's fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not effect the construction or interpretation of any of its provisions.
Enter Agreement; Waiver
This Agreement constitutes the entire agreement between you and MIM Digital Media Publishing, LLC pertaining to the Site and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by MIM Digital Media Publishing, LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by MIM Digital Media Publishing, LLC.
Notices
All notices, requests, demands, or other communications under this Agreement shall be in writing and properly addressed as follows:
MIM Digital Media Publishing, LLC
PO Box 3552
Plant City, FL 33563
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida as applied to contracts that are executed and performed entirely by MIM Digital Media Publishing, LLC. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Hillsborough County, Florida. The parties further agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment
These Terms and Conditions bind and inure to the benefit of the parties' successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: January 19, 2020