METAMENU LLC (d/b/a METABREW) TERMS OF USE

 

Last Updated: September 2017

This website, located at uniform resource locator www.themetabrew.com, along with all services and features offered by Metamenu LLC (“Metamenu,” “we,” “our,” or “us”) through this website (the “Site), is provided by us to the person accessing the Site (“you,” or “your”).  We may add additional websites, or services or features offered thereunder, from time to time as we expand our offerings and these Terms of Use will govern those new websites, services and features when added.

 

1. You Agree to These Terms by Using the Site

Your access to, and use of, the Site is subject to the following terms of use (“Terms of Use”) and all applicable laws and regulations.  By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use.  You may be accessing the Site from a computer, mobile device (through an iPhone application, for example) or otherwise, and, regardless of the means of access, these Terms of Use govern your use of our Sites and your conduct in connection with the Site.  Metamenu may, at any time and without notice, modify these Terms of Use by revising them on the Site.  Your continued use of the Site constitutes your acceptance of any such revisions.  You should therefore periodically visit this page to review the current Terms of Use.  You may not modify these Terms of Use except in a writing signed by Metamenu.

If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit this website immediately and cease use of any services or features on this website.

 

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.

We want to know what you think of the products you've tried, bought, know and love and we encourage you to use our Interactive Services. When writing a review or posting a comment on one of our social pages, please consider the following guidelines: (1) focus on the product and your individual experience using it; (2) provide details about why you like or dislike a product; and (3) remember that all submitted reviews, comments and questions are subject to these Terms of Use and may be read by our moderators.

 

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.  

By submitting Content to Metamenu, you represent and warrant that: (1) you understand that you are participating in a public forum and that your Content will be available to all other users of the Site, the Interactive Services and potentially sites operated by third parties (“Third Party Sites”); (2) you are the sole author and owner of the intellectual property and other rights in and to such Content (or have the necessary licenses, rights, consents and permissions to use and authorize Metamenu to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms of Use); (3) the Content does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity; (4) the Content does not violate any law, statute, ordinance, rule or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (5) you are duly authorized to submit such Content and grant all rights to use such Content in accordance with these Terms of Use and such grant and use in accordance herewith will not violate any contractual or other obligations you may have to any third parties; (6) all "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto; (7) all Content that you post is accurate and complete; (8) the Content is not being submitted for compensation or other consideration from any third party; (9) the Content complies in all respects with these Terms of Use, our Privacy Policy and all other guidelines and rules made available on the Site from time to time; (10) the Content does not contain any computer viruses, worms or other potentially damaging computer programs or files; (11) you are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and agree to these Terms of Use; and (12) that use of the Content you supply by us and third parties does not violate these Terms of Use and will not cause injury to any person or entity.

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.

You hereby grant Metamenu a worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute all Content you submit and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site.

 

5. Third-Party Content and Sites

In an attempt to provide increased value to our visitors, Metamenu may link to Third Party Sites and make available content of third parties (“Third Party Content”). We also like to interact with you on Third Party Sites where we post content or invite your feedback, such as www.facebook.com/themetabrew, www.twitter.com/themetabrew, www.instagram.com/themetabrew.  However, even if the third party is affiliated with Metamenu, Metamenu has no control over Third Party Content or Third Party Sites, all of which may have separate terms of use, privacy policies and privacy and data collection practices, independent of Metamenu.  You should always check the terms of use and privacy policies posted on Third Party Sites. The inclusion of any Third Party Content or links to Third Party Sites does not imply any association or relationship between Metamenu and such third party.  These Third Party Sites are linked and Third Party Content is provided only for your convenience and therefore you access them at your own risk.  Without limiting the foregoing, Metamenu specifically disclaims any responsibility if any Third Party Site or Third Party Content: infringes any third party's intellectual property rights; is inaccurate, incomplete or misleading; is not merchantable or fit for a particular purpose; does not provide adequate security; contains viruses or other items of a destructive nature; or is libelous or defamatory.

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.

As a Member, you agree to receive emails, newsletters and other communications from Metamenu and, subject to the Privacy Policy, third parties, including communications announcing your Subscription items and promoting any special offer(s), including third party offers.

We hope that your membership is as satisfying as possible. However, you are free to cancel your membership any time by email or by calling customer service. Further, we may terminate your membership, without notice, for conduct we believe violates these Terms of Use or our policies, is harmful to other Members or our business interests, or for an inactive account.

If you have any questions regarding your membership, please email: orders@themetabrew.com.

 

8. Reservation of Rights

Metamenu reserves the right, at any time, without notice and in its sole discretion, to terminate your membership and your license to use the Interactive Services and the Site and to block or prevent your future access to and use of the Interactive Services and the Site. Metamenu may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these Terms of Use, (c) respond to claims that any Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of Metamenu and its employees, its users and the public.

 

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.

Metamenu reserves the right to limit quantities of products purchased through the Site and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on the Site will be available.  Further, Metamenu reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined in our sole discretion.

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.

 

11. Orders

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.

 

12. Subscriptions

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 orders@themetabrew.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

Metamenu's shipping policy, available at https://www.themetabrew.com/shipping-policy/ (as may be updated from time to time, the “Shipping Policy), is incorporated and made part of these Terms of Use.  You hereby agree to such Shipping Policy. Delivery of all Orders will be made in accordance with the Shipping Policy.  Further, risk of loss and title for items purchased by you pass to you upon Metamenu’s delivery of the items to the carrier pursuant to the Shipping Policy.

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.

 

16. Privacy

Metamenu's privacy policy, available at https://www.themetabrew.com/privacy-policy/ (as may be updated from time to time, the “Privacy Policy”), is incorporated and made part of these Terms of Use.  You hereby agree to such Privacy Policy.  Any personal data (for example, your name, address, telephone number or e-mail address) that you transmit to the Site by electronic mail or otherwise will be used by Metamenu in accordance with the Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.

 

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.

 

19. Indemnification

You agree to indemnify, defend, and hold harmless Metamenu, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or your use of the Site or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

 

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.

 

21. Trademarks

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.  

 

22. Copyright

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 hello@themetabrew.com.

 

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

These Terms of Use and your use of the Site are governed by the laws of the State of New York, without regard to its choice of law provisions. The courts of general jurisdiction located within Albany, New York, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND METAMENU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE AND ITS CONTENT, AND YOUR PURCHASE OF ANY PRODUCTS OR SERVICES FROM METAMENU MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

26. Assignment

Metamenu may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

 

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 hello@themetabrew.com.

 

28.  Miscellaneous.  

These Terms of Use (including all documents incorporated herein by reference) constitutes the sole and entire agreement among the Parties with respect to the subject matter hereof.  If any term or provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of these Terms of Use, but such term or provision shall be deemed modified to the extent necessary, in the court’s opinion, to render such term or provision enforceable, and the rights and obligations of the Parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the Parties set forth in these Terms of Use.  No delay or omission by Metamenu to exercise any right or power it has under these Terms of Use shall impair or be construed as a waiver of such right or power.  A waiver by Metamenu of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant.  All such waivers by Metamenu must be in a writing signed by Metamenu.