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A Better Meal Mobile Application End User License Agreement

This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and A Better Meal, LLC (“Company”). This Agreement governs your use of the A Better Meal mobile application, (including all related documentation, the “Application”). The Application is licensed, not sold, to you.

BY CLICKING THE “AGREE” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR USE THE APPLICATION AND DELETE IT FROM YOUR DEVICE.

1. Acknowledgment. The Application may be downloaded from an application store or an application distribution platform, such as the Apple App Store or Google Play, (the “Mobile App Provider”). You must be at least sixteen (16) years old to use the Application. You acknowledge and agree that: (i) this Agreement is entered into between you and the Company, and not with the Mobile App Provider, and that the Company is solely responsible for the Application (not the Mobile App Provider); (ii) the Mobile App Provider has no obligation to furnish any maintenance and support services with respect to the Application; (iii) the Mobile App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (iv) the Mobile App Provider is not responsible for the investigation, defense, settlement and discharge of any third party claim that the application, or your possession and use of the Application, infringes that third party’s intellectual property rights; (v) the Mobile App Provider and its subsidiaries are third party beneficiaries of this Agreement as it relates to your license of the application, and that, upon your acceptance of this Agreement, the Mobile App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the Application against you as a third party beneficiary thereof; and (vi) you will comply with all applicable third party terms of service when using the Application.

2. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:

(a) download, install, and use the Application for your personal, non-commercial use on any device that can access the Application such as a computer, a cellphone or a digital tablet owned or otherwise controlled by you (“Device”) strictly in accordance with the Application’s documentation; and

3. License Restrictions. You shall not:

(a) copy the Application, except as expressly permitted by this license;

(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;

(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or

(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.

4. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application (including past, present, and future versions of the Application) under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserves and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

5. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to the Company’s Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

6. User Account. You may need to create a user account to use some or all of the features on the Application. You represent and warrant that all user information you provide on the registration form or otherwise in connection with your use of the Application will be current, complete and accurate. It is your sole responsibility to safeguard your account and the confidentiality of your user account information. You are advised to actively protect your login credentials. You may not use the account or username of any other user at any time. You must 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 user account information. You expressly understand and agree that you are solely responsible for the content, posts, and User Contributions, and for all activity that occurs under your account, whether done so by you or any third person using your account. The Company is not liable for any loss or damage associated with your failure to protect your account.

7. Subscription Fees.

(a) Subscription Fee. Use of the services on the Application requires a fee. Fees are specified during check-out and must be paid in advance. Fees are subject to change at any time. The fees do not include charges and rates charged by your mobile carrier, including for data and messaging plans which are required to use the mobile features of the Application, and you are responsible for the payment of those charges and rates. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, or withholding taxes, assessable by any jurisdictions (“Taxes”). You are responsible for paying all Taxes associated your subscription. Payment obligations are non-cancelable and fees paid are non-refundable. You agree that the Company may charge fees to your credit card or other payment account and that you will pay all applicable fees assessed to your account.

(b) Automatic Renewal. A subscription has a term that may expire or be terminated. Your subscription will automatically be extended for successive renewal periods of the same duration selected at the time of your purchase, at the then-current non-promotional subscription rate. Until you cancel, we will charge or debit your payment method at the beginning of your subscription. Your non-cancellation of the Premium Services or continued use of the paid subscription features of the Premium Service will reaffirm that we are authorized to charge you. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew and your subscription will be automatically cancelled. The renewal charge will generally be the same as the prior period’s charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above.

(c) Cancellation. You may cancel your subscription at any time by logging in to manage your subscriptions on the Application, by sending notice to the contact information provided in this Agreement, or by such means as the Company may provide from time to time. The Company will attempt to process all cancellation requests within seventy-two (72) hours of receipt of the request. To avoid being billed for the next subscription renewal period, you must cancel your subscription at least seventy-two (72) hours before the end of your current subscription period. Upon cancellation, your subscription will remain active until the end of your then-current subscription period. The Company has no obligation to maintain your data, and data relating to your account may not be retained by the Company, and may be unavailable if you re-subscribe at a later date.

(d) No Refund Policy.  Subscription fees for the application are nonrefundable, except where prohibited by applicable law. If you cancel, you will not receive a refund or credit for any partial-month access to your account subscription.

8. Updates and Modifications. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either:

(a) the Application will automatically download and install all available Updates; or

(b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

9. Consent to Receive Electronic Communications. We may send the following to you by email or posting them on the Application: this Agreement, including legal disclosures; future changes to this Agreement, the Privacy Policy, and/or other notices, legal communications or disclosures and information related to the Application. Such communications are part of the Application which you cannot opt out of receiving.

10. Term and Termination.

(a) The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Section 10.

(b) You may terminate this Agreement by deleting the Application, the Contents, and all copies thereof from your Devices.

(c) Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

(d) Upon termination:

(i) all rights granted to you under this Agreement will also terminate; and

(ii) you must cease all use of the Application and delete all copies of the Application from your Devices and account.

(e) Termination will not limit any of Company’s rights or remedies at law or in equity. Sections 3–4 and 11–17 shall survive any termination or expiration of this Agreement.

11. Health Disclaimers.

(a) The Application offers guided recipe features which includes ingredients and cooking instructions. The contents of the Application, including information, texts, graphics, images, audio files, video files, and other materials created by the Company and included Third-Party Materials (collectively, “Content”) are for informational purposes only. The Company makes no representation or warranty as to the accuracy, completeness, or usefulness of the Content or information contained therein. Any reliance you place on such information is strictly at your own risk.

(b) The Content is not intended to be, and does not constitute, health, dietary, nutritional, or food safety advice or recommendations. The Content has not been evaluated by the Food and Drug Administration or an expert or health or diet professional. The Company does not claim that the Content will alleviate, heal or cure any health condition or symptom. Individual’s dietary needs and restrictions vary, and are unique to the individual. You are responsible for all decisions pertaining to your diet and health. You should not rely on the Content as a substitute for, nor does it replace, professional medical advice or product or nutrition facts labeling. You should consult with a medical professional before making any changes to your health or diet program, and/or if you have any concerns or questions about the Content.

(c) Recipes included in the Content are designed to result in dishes that are properly cooked and delicious. However, cooking results can vary based on the specifics of your kitchen, including your appliances, utensils, and ingredients. Consuming undercooked meats, poultry, seafood, shellfish, or eggs may result in illness. You are solely responsible for ensuring your food is properly cooked.

(d) The Content may include ingredients to use in recipes. You should always review all ingredients prior to preparing a meal to ensure compatibility with allergies, pregnancy, nursing and other health conditions. You are solely responsible for reviewing the ingredients and ensuring that none of the ingredients will interfere with an individual’s eating restrictions or cause an adverse reaction to anyone eating the food.

(e) The Company disclaims all liability and responsibility arising from any reliance placed on the Content by you or by anyone who may be informed of any of its Content. You acknowledge and agree that the Company is not responsible or liable for any harm or damages (including illness, injury, or death) that you suffer, or that you cause to any third party, in connection with your use of the Application or its Contents.

12. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

13. User Contributions.

(a) The Application may contain message boards, chat rooms, private messaging, personal web pages or profiles, forums, bulletin boards, comment functionality, or other opportunities for users to upload or submit content, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Application. All User Contributions must comply with the Content Standards set out in this Agreement.

(b) Any User Contribution you post to the Application will be considered non-confidential and non-proprietary. By providing any User Contribution on the Application, you grant the Company and its licensees, successors, and assigns a royalty-free, perpetual, irrevocable, sublicensable, assignable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

(c) You represent and warrant that:

(i) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to the Company and its licensees, successors, and assigns.

(ii) All of your User Contributions do and will comply with this Agreement.

(d) You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

(e) The Company is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Application.

(f) Monitoring and Enforcement; Termination.

(i) The Company has the right to:

(A) Remove or refuse to post any User Contributions for any or no reason in the Company’s sole discretion.

(B) Take any action with respect to any User Contribution that we deem necessary or appropriate in the Company’s sole discretion, including if the Company believes that such User Contribution violates this Agreement, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Application or the public, or could create liability for the Company.

(C) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

(D) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Application.

(E) Terminate or suspend your access to all or part of the Application for any violation of this Agreement.

(ii) Without limiting the foregoing, the Company has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

(iii) However, the Company cannot review all material before it is posted on the Application, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

(g) Content Standards. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and the Company’s Privacy Policy; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote, or assist any unlawful act; (vii) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (ix) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; (x) give the impression that they emanate from or are endorsed by the Company or any other person or entity, if this is not the case.

(h) If you believe that any User Contributions violate your copyright, please see the Company’s Copyright Policy here for instructions on sending a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

14. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

15. Warranties With Regard to Mobile App Providers. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such warranty. To the extent the Application was downloaded from the Apple App Store, and to the extent the Application fails to conform to any warranty that cannot be disclaimed, you may notify Apple and Apple will refund the purchase price for the Application. Except as otherwise stated in this Section, no Mobile App Provider will have any warranty obligation whatsoever with respect to this Application.

16. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR: (A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, AND (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

17. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.

18. Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.

19. United States Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

20. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

21. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Houston and Harris County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

22.  Amendments. From time to time, we may, in the Company’s sole discretion, change, modify, supplement or remove portions of this Agreement (“Additional Terms”). Such Additional Terms shall become effective upon posting by the Company on the Mobile App or sending you an email or other notification. You will be deemed to have agreed to such Additional Terms by your decision to continue accessing the Mobile App or otherwise using any of the Application following the date in which such Additional Terms become effective.

23. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

24. Entire Agreement. This Agreement and the Company’s Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

25. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

26. Contact. You may direct any questions, comments, or complaints about this Agreement or the Application to the Company at:

Email:  support@abettermeal.com

Mail:      11807 Westheimer Rd.

               Suite 550-428

               Houston, TX 77077