TERMS & CONDITIONS

The IN MOTION Meals website (The Website) provides information about IN MOTION Meals and its experts offering tips, knowledge, advice and products. The Website also provides information regarding affiliates of IN MOTION Meals and third parties. We make this Website available to the public subject to the following terms, policies and guidelines. By visiting the Website, you agree to abide by these Terms and Conditions of Use. If you do not wish to be bound by these Terms and Conditions of Use, you may not use the Website and must immediately cease use of the Website. Please read these Terms of Use carefully.

USAGE REGULATIONS

The Website is made available for information purposes only. You may display, reformat and print information from the Website for your own personal, non-commercial use only. You may not sell, re-publish, distribute or display any Content or other material from the Website for any other purpose. All such uses are strictly prohibited without our express prior written consent, and such consent may be given or withheld in our discretion. You agree that you will not in any way modify, move, add to, delete from or tamper with any Content or feature of the Website or interfere in any way with its proper functioning. We reserve the right to suspend or terminate access to the Website by anyone who violates these Terms of Use or any applicable law or whose conduct is harmful to the interests of IN MOTION Meals, affiliated companies or any third-party licensors. We may take steps to prohibit access and/or use without prior notice to any such user. Please review our Privacy Policy for information about our use of information collected through the Website. All sales of products through the web store are subject to the Web Store Sales Terms.

THIRD-PARTY CONTENT AND LINKS

The Website includes information provided by third parties, including opinions and advice of experts in different fields. IN MOTION Meals, affiliated companies, and their respective employees are not responsible for the opinions, statements, services, offers or other information provided by third parties. The Website may include the personal recommendations and opinions of IN MOTION Meals. The opinions of IN MOTION Meals are not endorsements of any organization, product or service, and neither IN MOTION Meals, any affiliated companies nor any of their respective employees or agents makes any representation or warranty or assumes any liability regarding the quality of products or services that may be purchased by you from any third party. The Website includes hyperlinks that will take you out of the Website to third-party websites. Links to third-party websites may be included in advertisements for third-party services, or they may be accompanied by descriptions of third-party services. All links to third-party websites are provided for your convenience only. Neither IN MOTION Meals nor any affiliated company controls the content or operation of any linked third-party websites, and we disclaim any responsibility for any product, service or information provided on any linked website.

NEITHER THE PUBLICATION OF THIRD-PARTY CONTENT OR ADVERTISEMENTS ON THE WEBSITE NOR LINKS TO THIRD PARTY WEBSITES CONSTITUTES AN ENDORSEMENT OF THE THIRD-PARTY OR ITS PRODUCTS OR SERVICES BY IN MOTION Meals, ANY AFFILIATED COMPANY OR BY ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS.

DISCLAIMER; NO MEDICAL ADVICE PROVIDED

The content on this Website is provided for informational purposes only and is not intended to be a substitute for professional medical advice. This dietary program is not designed for use with children under the age of 18. You should consult your physician or other qualified health provider before beginning this or any other dietary program. At any time you have questions regarding a medical condition, you should seek the advice of your physician or other qualified health care provider. None of the contents of this Website are intended to be relied upon for medical treatment or diagnosis. Any opinions expressed on this Website are the opinions of the authors and neither IN MOTION Meals, their affiliated companies nor any of their employees assumes any liability for the contents of any materials provided on the Website. Reliance upon any opinion or advice provided on the Website is at your own risk. Neither IN MOTION Meals, their affiliated companies nor any of their employees assumes liability or responsibility for damage or injury to person or property arising from any use of any product, service, information or instruction contained on this Website.

PARENTAL OR GUARDIAN PERMISSION

Some of the Content on this Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent’s or guardian’s permission before viewing our Website.

COPYRIGHT AND TRADEMARKS

All content on the Website, including text, graphics, logos, button icons, images, video clips and audio clips (collectively “Content”), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Website are the property IN MOTION Meals or companies with which it is affiliated, or third parties that have licensed Content and software for use on the Website. All Content and software are protected by U.S. and international copyright laws. The names, trademarks, service marks and logos (collectively, “Trademarks”) used and displayed on the Website, including, but not limited to, IN MOTION Meals, are registered or unregistered trademarks of IN MOTION Meals, affiliated companies or third parties that have licensed the Trademarks for use on the Website. No license is granted for any further use of any Trademarks. All rights not expressly granted in these Terms of Use are reserved.

COMMENTS AND SUGGESTIONS

We appreciate your comments and feedback about the Website. Please note that by providing comments, ideas or suggestions to us, you grant to us and our affiliates a non-exclusive, transferable, irrevocable, worldwide, royalty-free, perpetual license and right to use, modify, reproduce, disclose, publish and distribute such submissions for any purpose, without restriction, without compensating you in any way and without right of attribution. If you do not wish to grant us such rights, we ask that you not send us or post comments or other submissions, particularly any information you consider to be confidential or original creative material, such as scripts, story ideas, photographs or original artwork.

BECOMING A REGISTERED USER

There is no cost to become a registered user of our Website. You do not have to become a registered user to use this Website. However, if you do not register, you may be precluded from using certain products, offerings, features, or resources of our Website. You must register in accordance with instructions that you will find on this Website to participate in, and to contribute to, any Community Area or use of the “Public Profile” feature of our Website. A “Community Area” means any blog, personal page, group page, chat room, message board, bulletin board, recipe swap, or similar activity where you can communicate with other users of our Website or post your own Content.

If you elect to become a registered user of our Website, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data and any other information you provide to us, to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of this Website. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.

LIABILITY

The Website is made available “AS IS.” Neither IN MOTION Meals, any affiliated company nor any of their respective employees or agents makes any representations or warranties of any kind, express or implied, as to the operation of the Website or the Content or other information and materials included on the Website.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN MOTION Meals, AFFILIATED COMPANIES AND THEIR RESPECTIVE EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY THAT THE SITE WILL OPERATE UNINTERRUPTED OR ERROR FREE.

In the event of any final determination that you are entitled to damages as a result of or in connection with your use of the Website, IN MOTION Meals, affiliated companies, third-party licensors of Content and their respective employees and agents shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500 in the aggregate.

UNDER NO CIRCUMSTANCES WILL IN MOTION Meals, ANY AFFILIATED COMPANY OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY INDIRECT LOSSES OR DAMAGES IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT INCLUDED ON THE WEBSITE OR FOR ANY CLAIM ARISING IN CONNECTION WITH A PURCHASE OF A PRODUCT OR SERVICE THROUGH THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORIES, AND WHETHER SUCH DAMAGES ARE CHARACTERIZED AS GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PASSWORD & USER SECURITY

If you are a registered user of this Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.

MODIFICATION; WAIVER

The Website and the products, services and programs described in the Website may be changed, eliminated or updated without prior notice. We may also make changes to these Terms of Use and any Website-related policies, rules or guidelines at any time. Revised terms will be effective when posted to the Website unless otherwise provided by us in the revision. Your continued use of the Website after new Terms of Use or any revised policies, rules or guidelines are posted constitutes your agreement to abide by the revised terms.

WARRANTIES

Warranties for the IN MOTION Meals products purchased through the Website are the responsibility of IN MOTION Meals. All products purchased through the Website and provided by third-party manufacturers, distributors or supplies are limited to those warranties provided by such third parties of such products. We have no responsibility for such warranties, if any.

DISCLAIMER: OTHER THAN EXPRESS WARRANTIES RELATING TO THE PRODUCT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN MOTION Meals, COMPANIES WITH WHICH THEY ARE AFFILIATED AND THEIR EMPLOYEES DISCLAIM ALL PRODUCT-RELATED WARRANTIES OF THIRD PARTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, THEY DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY PRODUCT DESCRIPTION OR OTHER INFORMATION PROVIDED ON THE WEBSITE. FURTHER THEY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECTS, PRODUCT MISUSE OR ABUSE, IMPROPER PRODUCT SELECTION OR NON-COMPLIANCE OF ANY PRODUCT WITH APPLICABLE LAWS OR REGULATIONS. THIS DISCLAIMER SHALL BE LIMITED TO THE EXTENT (IF ANY) THAT IT IS PROHIBITED BY APPLICABLE LAW.

GOVERNING LAW & CHOICE OF FORUM

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms & Conditions shall be filed only in the state or federal courts located in Bergen County in the State of New Jersey and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

ENTIRE AGREEMENT

These Terms of Use and the Privacy Policy constitute the entire agreement between us and you with respect to the Website. No prior or current agreements or communications between the parties will have any effect as part of this agreement or as a separate continuing agreement.