By accessing and using Mrs. Patel’s, LLC (hereinafter referred to as “Mrs. Patel’s”) web site – www.mrsmilk.com – (hereinafter referred to as “Site”) you agree to follow and be bound by these Terms of Service.
These Terms of Service are subject to change. Mrs. Patel’s reserves the right to update or modify these Terms of Service at any time without prior notice. Your use of this web site following any such change constitutes your agreement to follow and be bound by the Terms of Service as changed.
The statements on this website have not been evaluated by the Food and Drug Administration. Products and information provided on this site are not intended to diagnose, treat, cure or prevent any disease. If you have a medical condition, consult your physician. All information is provided for educational purposes only. Please review our Disclaimer for further information.
1. Limited License; Use of Services.
Mrs. Patel’s grants to you a limited personal, non-exclusive and non-transferable right and license to access the Site and use the Services thereon. Unless otherwise specified in writing, the Services are for your personal and non-commercial use.
Mrs. Patel’s Services shall include, without limitation, some or all of the following: products sold online through the Site, email subscriptions, special offers, and various other message communication applications.
2. Prohibited Activities.
In connection with your use of the Site and/or the Services, you acknowledge and agree that you will not:
a. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or the Services;
b. access the Site or Services by any means other than through the standard industry-accepted or Mrs. Patel’s provided interfaces;
c. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity;
d. impersonate any person or entity, including without limitation, a Mrs. Patel’s official, executive, employee, webmaster, partner, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
e. post or transmit any material that contains a virus or corrupted data;
f. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
g. use any Site or Service’s communications features in a manner that adversely affects the availability of its resources to other users (eg: spam, defamatory language, use of all caps, or flooding continuous postings of repetitive text);
h. post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
i. violate any applicable local, state, national or international law;
j. upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
k. delete or revise any material posted by any other person or entity;
l. manipulate or otherwise display the Site and/or the Services by using framing or similar navigational technology;
m. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Mrs. Patel’s products or Services if you are not expressly authorized by such party to do so; or
n. use the Site and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair Mrs. Patel’s (or related service providers’) servers or networks, or interfere with any other user’s use
and enjoyment of the Site and/or the Services. Furthermore, you may not attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected to Mrs. Patel’s through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services.
3. Billing and Renewal Transactions and Policies.
Certain products or Services may be offered for sale on the Site. In the event you wish to purchase or to subscribe to any of these products or Service, you will be asked by Mrs. Patel’s or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Mrs. Patel’s or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes and shipping costs.
Mrs. Patel’s reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms without prior notice to users. We reserve the right to terminate any account at any time for any reason.
4. Third Party Content.
Some of the content contained on the Site or Services may be supplied by third parties and users. To the extent that is the case, Mrs. Patel’s is a distributor (and not a publisher) of such content and has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Mrs. Patel’s. Neither Mrs. Patel’s nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Mrs. Patel’s neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on the Site or Services by anyone other than an authorized Mrs. Patel’s representative while acting in his/her official capacity.
5. Disclaimer Regarding Links.
Certain links on the Site and/or Services will let you leave the particular Site or Service you are accessing in order to access an external linked site (the “Linked Sites”). Mrs. Patel’s provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has Mrs. Patel’s reviewed or approved the content
which appears on the Linked Sites. Mrs. Patel’s is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You acknowledge and agree that Mrs. Patel’s shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
6. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through our Site and Services, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Mrs. Patel’s shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
7. Proprietary Rights.
You acknowledge and agree that the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Mrs. Patel’s or its licensors. You further acknowledge and agree that any content contained in advertisements or information
presented to you through advertisers concerning Mrs. Patel’s or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, ” Submission Materials”) or by posting such Submission Materials on the Site, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to Mrs. Patel’s shall be fully paid-up and royalty free. In addition, under no circumstances shall Mrs. Patel’s have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of Mrs. Patel’s business through a merger, sale or transfer of all or substantially all of the assets of Mrs. Patel’s, nor shall the sale of advertising on the Site give rise to any obligation to pay a fee to any subscriber or other provider of Submission Materials.
None of the Submission Materials disclosed or posted via comments, message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Mrs. Patel’s part and we shall not be liable for any use or disclosure of any such Submission Materials.
8. Copyright Policy.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Mrs. Patel’s infringe your copyright, you, or your agent may send to Mrs. Patel’s a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Mrs. Patel’s actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Mrs. Patel’s a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. For notice of claims of copyright infringement please contact us.
10. Disclaimer of Warranties.
THE SITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR
THROUGH THE SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MRS. PATEL’S AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE
CORRECTED, or (iv) THAT ANY SOFTWARE, SERVICES, SITE(S) OR SERVER(S) ON WHICH THE SERVICES AND SITE ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK.
11. Limitation of Liability.
NEITHER MRS. PATEL’S NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, or (vii) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES. IN NO EVENT SHALL MRS. PATEL’S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE],STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE PRODUCTS, SERVICES OR SITE.
12. Professional Advice Disclaimer.
MRS. PATEL’S SITES DO NOT PROVIDE MEDICAL OR COUNSELING ADVICE. NOTHING STATED OR POSTED ON ANY SITES OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY,
PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. OUR
SITE(S) IS(ARE) CONTINUALLY UNDER DEVELOPMENT AND MRS. PATEL’S MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THEIR ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS
APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR CONTENT. SEE OUR DISCLAIMER FOR MORE INFORMATION.
You agree to indemnify, defend, and hold Mrs. Patel’s and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to Mrs. Patel’s or Site or post on any forums (e.g., message boards, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Site and/or the Services. This Section 13 shall survive in the event this Agreement is terminated for any reason.
14. Jurisdictional Issues.
Mrs. Patel’s makes no representation or warranty that the content and materials on the Site and/or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Site or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Mrs. Patel’s reserves the right, at any time and in our sole discretion, to limit the availability and accessibility of the Site and/or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.
This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that Mrs. Patel’s, in its sole discretion, may terminate your use of the Site or Services, and remove and discard any content within the Site, at any time and for any reason. You agree that any actions taken under this Section 15 may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.
16. General Information.
This Agreement constitutes the entire agreement and understanding between you and Mrs. Patel’s and governs your use of the Site and the Services, superseding any prior agreements between you and Mrs. Patel’s. This Agreement and the relationship between you and Mrs. Patel’s shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You and Mrs. Patel’s irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within San Francisco County, in the State of California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Mrs. Patel’s to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by Mrs. Patel’s of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.