Last Updated: September 2017
1. You Agree to These Terms by Using the Site
2. Permitted Use of the Site
The information and materials on the Site are provided for general informational purposes. You may use the Site and its contents solely for the purpose of learning about and/or purchasing Metamenu services or products. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the Site for any other purpose. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict, or enforce limitations on, use of the Site or the content therein. You may not interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers.
3. User-Submitted Content
The Site may, from time to time offer interactive features that allow users to interact and submit content to the Site (“Interactive Services”), including without limitation our Blog. You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site, through our Interactive Services or otherwise, including without limitation the submission of product ratings and reviews profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other data, materials or information (collectively, "Content"). Metamenu does not and cannot review all Content and cannot guarantee the accuracy, integrity or quality of such Content.
You acknowledge that by providing the ability to view and distribute your Content on the Site, Metamenu is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, Metamenu reserves the right to block or remove Content that it determines to be unacceptable to Metamenu in its sole discretion. Under no circumstances will Metamenu be liable in any way for any Content, including, but not limited to, (i) any errors or omissions in any Content, or (ii) any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Interactive Services.
Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Metamenu employee, forum leader, guide, host, or representative, as well as other members or visitors on the Site, and falsely stating or otherwise misrepresenting your affiliation with a person or entity, are strictly prohibited. When using the Interactive Services, you may not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges. Further, you may not use the Site or Interactive Services to collect or store personal data about other users.
4. Your Content Submissions
You may not upload to, distribute, or otherwise publish through the Site any Content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
If your Content includes ideas, suggestions, documents or proposals to Metamenu, then you agree that: (a) such Content is not confidential or proprietary and Metamenu has no obligation of confidentiality, express or implied, with respect thereto; (b) we may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Metamenu under any circumstances unless you are otherwise specifically notified by Metamenu in writing.
5. Third-Party Content and Sites
Metamenu does not endorse any Third Party Content or the content, or any products or services available, on any Third Party Sites. Nonetheless, Metamenu seeks to protect the integrity of the Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for websites it links to as well (including if a specific link does not work).
6. No Medical Advice or Recommendations
We want you to be your healthiest, but we’re not doctors. You should always consult your doctor before making any changes to your health regime. The Site and all related products and services are not intended to be, and must not be taken to be, the practice of medicine or the practice of other healthcare services by Metamenu. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Metamenu does not give or intend to give any answers to medical related questions and these sites do not replace any medical professional or medical resource. Use of the Site or such products or services does not create a physician/patient or provider/patient relationship with Metamenu. No prescription medications or medical treatments are intentionally provided through the Site. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
We do not claim our products, or services will alleviate, heal or cure any health condition or symptom. No product or service Metamenu offers is meant to diagnose, treat, prevent or cure any medical condition. The statements made by Metamenu on this Site, and all products or services offered hereunder, have not been evaluated by the Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals.
THE CONTENTS OF THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE SITE IS SOLELY AN ONLINE STORE FOR SPECIALTY PRODUCTS. PLEASE SEEK MEDICAL ADVICE BEFORE STARTING, CHANGING OR TERMINATING ANY DIET OR NUTRITIONAL SUPPLEMENT. BY USING METAMENU PRODUCTS OR SERVICES, YOU ACKNOWLEDGE THAT YOU ARE DOING SO AT YOUR OWN RISK, AND HAVE CONSULTED WITH YOUR DOCTOR OR OTHER HEALTH PROFESSIONAL ABOUT YOUR DIET CHANGE.
7. Registration and Membership
You may visit the Site without registering, but in order to enjoy all content and benefits of the Site, including recurring subscription orders of products from Metamenu (“Subscriptions”), you must register with Metamenu through the process made available on the Site and become a member of the Site (a “Member”). To register as a Member, you must provide a valid email address and create a password. You are solely responsible for the security of your passwords and will be solely liable for any use or unauthorized purchases or other use of the Site through your account. Members must also provide and keep their profiles up to date with accurate and complete Member information, including name, address, credit card number and expiration dates. You agree that we may, but will not be obligated to, update your Member information with information your bank or credit card issuer may supply, or other information available to us. In the event that Metamenu offers any free or discounted sample or other promotional items to new Members (“Welcome Samples”), only one Welcome Sample is permitted per person per household.
If you have any questions regarding your membership, please email: firstname.lastname@example.org.
8. Reservation of Rights
9. Product Information
All prices displayed on the Sites are quoted in United States Dollars and are valid and effective only for orders placed in the United States. This Site may be accessed from countries other than the United States and may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States, and you are solely responsible for complying with all applicable laws with respect to any access to the Site and ordering or use of such products outside of the United States.
Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Metamenu.
For a list of frequently asked questions regarding products available on our Site, pleases see our Product FAQs, available at https://www.themetabrew.com/faq/.
10. Product Disclaimers
All products must be used strictly in accordance with their instructions, precautions and guidelines.
You should always check the ingredients of products to avoid potential allergic reactions. Our kitchen facilities process and regularly use, among other ingredients, wheat, soy, dairy, eggs, peanuts and tree nuts. We may try to accommodate allergies, but we do not provide any products for people with medically-necessitated diets or severe allergies.
Our products require proper handling and storage to avoid spoilage and are generally required to be immediately placed in the refrigerator when you receive them. By purchasing products from the Site, you agree to properly and promptly refrigerate all such products until you consume them.
If any minor desires to use any goods or product from Metamenu, the minor’s legal or parental guardian should first consult the minor's doctor regarding use of the product.
While Metamenu has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate for the products you receive.
The products available on the Sites and the Interactive Services, including any samples Metamenu may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Metamenu. Promotions that offer a promotional code are for personal use only. Promotional codes are valid only on orders of $500 or less, unless otherwise specified.
If you wish to purchase any product or service made available through the Site, including without limitation any Subscription (each such purchase, an "Order"), you may be asked to supply certain information relevant to your Order including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Order. By submitting such information, you grant to Metamenu the right to provide such information to third parties for purposes of facilitating the completion of Orders initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Order.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Metamenu reserves the right, with or without prior notice, to do any one or more of the following: (a) limit the available quantity of or discontinue any product or service; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (c) bar any user from making or completing any or all Order(s); and (d) refuse to provide any user with any product or service.
You agree that by placing an order on the Site, you are entering into a binding contract with Metamenu and you agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Orders. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.
Metamenu may offer various types of Subscriptions through the Site. With respect to Subscriptions subject to automatic renewal, you agree that Metamenu may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Metamenu reasonably could act. By purchasing a Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Metamenu after the expiration date of your payment card. Your Subscription will be automatically renewed for successive periods and your payment method will automatically be charged for each successive period at the then-current Subscription rate until you cancel your Subscription renewal. To cancel your Subscription at any time, you may (a) logon to your Member account and follow the cancellation procedures there, or (b) contact us at email@example.com. You must cancel your Subscription at least three (3) business days before you will be charged for the next payment to avoid being charged for the period’s shipment. If you cancel your Subscription, you may use your Subscription until the end of your then-current Subscription term.
13. Fraud Protection
As part of our order processing procedures, we may screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraud or unauthorized or illegal activity, we may reject your order or our customer service department may call you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to delivery to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
14. Shipping and Delivery
For a list of frequently asked questions regarding delivery of products available on our Site, pleases see our Delivery FAQs, available at https://www.themetabrew.com/faq/.
15. Notice; Electronic Communications
When you visit the Site or send e-mails to Metamenu, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17. Typographical Errors
In the event that a product or service is mistakenly listed at an incorrect price or with incorrect specifications, Metamenu reserves the right to refuse or cancel any orders placed for the product or service listed incorrectly, whether or not the order has been confirmed and whether or not you have been charged for such product or service. If your credit card has already been charged for the purchase and your order is cancelled, Metamenu shall issue you a credit (to your credit card account or otherwise) in the amount of the incorrect price.
18. Disclaimer - Warranty
You assume all responsibility and risk with respect to your use of the Site. THE SITE AND ALL CONTENT, INTERACTIVE SERVICES, PRODUCTS, SERVICES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A THIRD PARTY SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND, TO THE FULLEST EXTENT PERMITTED PURSUANT TO APPLICABLE LAW, METAMENU HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
Metamenu does not represent or warrant that the functions contained in the Site or any Third Party will be uninterrupted or error-free, that the defects will be corrected, or that the Site, any Third Party Site or the server that makes the Site or any Third Party Site available are free of viruses or other harmful components. Metamenu does not make any warranties or representations regarding any Content or Third Party Content in terms of its correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
20. Limitations of Liability
YOUR USE OF THE SITE AND ITS CONTENT, THIRD PARTY SITES, THIRD PARTY CONTENT AND YOUR PURCHASE OF ANY PRODUCTS OR SERVICES FROM METAMENU, IS AT YOUR OWN RISK. NEITHER METAMENU, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ITS CONTENT OR SUCH PRODUCTS AND SERVICES, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, CONTENT, PRODUCTS OR SERVICES, THIRD PARTY SITES OR THIRD PARTY CONTENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
The METABREW trademark and the other trademarks, slogans and designs on the Site (the “Marks”) are our property. The Marks may not be used by you without our consent.
Copyright © 2017, Metamenu LLC. ALL RIGHTS RESERVED. All content included on the Site, such as designs, text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, the selection arrangement thereof, and all software, is the property of Metamenu or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Metamenu and protected by United States and international copyright laws. All software used on the Site is the property of Metamenu or its software suppliers and protected by United States and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with Metamenu, using the Interactive Services or using the Sites as a shopping resource. Any other use of materials on the Sites, including reproduction for purposes other than those permitted above, modification, distribution, republishing, republishing on third party sites, transmission, display or performance, without the prior written permission of Metamenu is strictly prohibited. You agree not to change or delete any proprietary notices from materials printed or downloaded from the site.
23. Copyright Complaints
Metamenu respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
24. Export Control
Software and other materials downloaded or otherwise made available from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders.
Metamenu does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Control Laws.
25. Law and Jurisdiction
27. Questions and feedback
We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site to email@example.com.