Terms & Conditions - ZoneManhattan

Zone Manhattan/ Terms and Condition

TERMS AND CONDITIONS

  This will serve as a binding legal agreement (“Agreement”) between you, ZoneManhattan.com ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com, ZoneGreenwhich.com and Zone Manhattan It is advised to read this Agreement carefully before accessing any portion of ZoneManhattan.com, ZoneWestchster.com, ZoneHamptons.com, ZoneRockland.com or ZoneGreenwich.com. By accessing the Site, you become a visitor or member of the Service (a “Visitor” or “Member”), and you agree to be bound by the terms and conditions of this Agreement (the “terms”). If you do disagree to the terms, DON’T access any portion of ZoneManhattan.com, ZoneWestchster.com, ZoneHamptons.com, ZoneRockland.com or ZoneGreenwich.com.

Zone Culinaire is not associated with Dr. Sears or his Zone trademarks.

The Terms and fees for the Meal Services are subject to change by ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com, or ZoneGreenwich.com and Zone Manhattan at any time, without notice to the customer, visitor and/or member.

Zone Manhattan L. L.C. PRODUCT DISCLAIMER

Please take note that no statement regarding the Company’s products has been evaluated by the Food and Drug Administrations. The Company’s products are not intended to cure, prevent, diagnose or treat any disease nor are they intended to treat specific medical conditions or health problems. Moreover, the Company’s programming is not meant as a substitute for medical care from a medical practitioner.

It is recommended by this company to regularly consult with your medical practitioner on any and all matters pertaining to physical and /or mental health including, without limitation, the experience of any symptoms which may require diagnosis or attention.

Any person consuming medication, possessing medical ailment or allergies, nursing, pregnant or seeking to shed in excess of Ten Percent (10%) of his or her Body Weight, should first consult with a medical practitioner(s) prior to initiation any nutritional programming. This Company’s Product is not to be construed as a replacement or substitute for the services of trained professionals in the medical sciences.

Neither Zone Manhattan its partners, experts, managers, members, affiliates or employees will be liable for any direct, indirect, consequential, special, punitive, exemplary or any other damages which may result from the use of its products and/or programming. This includes, without limitation, economic loss, injury, illness or death. No warranties or representations whatsoever are provided or to be construed or inferred regarding the effectiveness of our products and/or programming. In addition, we are in o manner responsible for the improper utilization, storage, handling or consumption of our products and/or programming.

PAYMENT POLICIES

The Company offers Programs of varying lengths. Accordingly, your Credit Card will be billed in advance for an amount of days which corresponds to your respective Program.

Thereafter, your Credit Card may be billed only with your verbal authorization for additional cycles to the extent such cycle(s) are specifically authorized by you.

You may temporarily suspend your service at any time simply by calling Two (2) Business Days prior to the Day you wish to stop your food delivery. Restarting is easily accomplished with the same Two (2) Business Days notice.

CANCELLATION AND REFUND POLICY

Zone Manhattan requires Two (2) Business Days Notice for processing any and all Cancellations. Cancellations must be tendered by via email to Info@zonemahattan.com fallowed by a phone call to 877-212-1113

It is recommended that you maintain a copy of your Email or Facsimile Confirmation to document you request.

The days used will be charged at the rate of the program completed. For instance, if you sign up for 60 days at $34.95 per day and terminate you program after 8 days, the 8 days you will be charged at the 7 day rate $45.95 per day. The balance will be credited back to your credit card. It is recommended that you maintain a copy of your Email or Facsimile Confirmation to document you request. Should you wish to cancel by phone, you MUST receive a Cancellation Confirmation Number from a Zone Manhattan Representative. This can only be done by calling 1-877-212-1113 and must be fallowed by an email of cancelation to info@ZoneManhattan.com.

When you receive a Cancellation Notice as referenced above, the resulting Refund Credit issued will be only for the unused portion of your plan (i.e. the days in which food was not yet delivered). You will not receive a refund for any days in which deliveries were already sent.

It should be understood that Zone Manhattan, its delivery personnel and Credit Card Vendors will rely upon the representations and warranties made by you with regard to cancellation provided herein and above in connection with their determination as to the validity of any requests for refunds, charge backs, et al.

VISITOR’S ONLINE CONDUCT REQUIREMENTS

You alone are responsible for maintaining the confidentiality surrounding your user name and password and for all activities that are conducted through you account.

As a visitor, you agree that:

You alone are responsible for the content or information you publish or display (hereinafter, “post”) on the ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com or ZoneGreenwich.com service, or transmit to other ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com or ZoneGreenwich.com visitors.

You will NOT include any street address, telephone numbers, last names, URL’s or e-mail addresses. You will Not post on the ZoneManhatton.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com or ZoneGreenwich.com service, or transmit to others any patently offensive, defamatory, inaccurate, abusive, bigoted, obscene, profane, offensive sexually oriented, threatening, harassing, pornographic, exploitative of individuals under the age of 18, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide or disseminate instructional information about illegal activities such as making or buying weapons, pyramid schemes, investment fraud, privacy violations, or the creation of computer viruses.

You will use the Site in a manner consistent with any and all applicable laws and regulations. You will not include any offensive anatomical of sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information.

You will not remove any proprietary right notices nor engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Site. You will not transmit any chain letters or junk E-mail to other ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com or ZoneGreenwich.com Visitors.

You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

You will not collect or harvest personal information about other visitors without their express consent. You will not use any site search, spider, robot, retrieval application or other process to retrieve, index, data mine, hack, reproduce or circumvent the navigational structure of this site nor its contents. You are solely responsible for your interactions with other visitors. ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com or ZoneGreenwich.com reserves the right, but has no obligation, to monitor disputes between you and other visitors. Any infraction may lead to legal remedy on behalf of ZoneManhattan.com, ZoneWestchester.com, ZoneHampton.com, ZoneRockland.com or ZoneGreenwich.com.

PROPRIETARY RIGHTS

Zone Manhattan retains and owns other proprietary rights in the ZoneManhattan.com, ZoneWestchester.com, Zone Hamptons.com, ZoneRockland.com and ZoneGreenwich.com Site. The Service contains the copyrighted material, trademarks, and other proprietary information and intellectual property of Zone Manhattan and its licensors. In addition, others may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Should an individual post information or content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, Zone Rockland.com and ZoneGreenwich.com Visitors an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

CONFIDETIAL INFORMATION SUPPLIED BY MEMBER

ZoneManhattan.com, ZoneWestchester.com, ZoneHampton.com, ZoneRockland.com and ZoneGreenwich.com shall use its best efforts to maintain the members’ information confidential. Including confidential information such as credit card details etc., and shall use or disclose such information only for the purposes for which such information was collected, or as required by law.

Zone Manhattan ONLINE CONTENT

WARNING: It could possibly happen that users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials on ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com and ZoneGreenwich.com and that you may be involuntarily exposed to such offensive and obscene material. It also is possible for others to obtain personal information about you due to your posts on the Site, and that the recipient may use such information to harass or injure you. ZoneManhattan.com, ZoneWestechester.com, ZoneHamptons.com, ZoneRockland.com and ZoneGreenwich.com, its officers, agents, employees, et al. shall not be responsible for the use of any personal information that you may choose to disclose on the Site. Please be cautious in selecting the type of information that you post on the Site or release to others. Offers, statements, opinions, advice or other information or content made available through the Site are exclusively those of their respective authors and not of ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com or ZoneGreenwich.com, and should not necessarily be relied upon. Such authors are solely responsible for such content. ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com and ZoneGreenwich.com does not guarantee the accuracy, completeness, or opinion. Advice or statement made. Under no circumstances will ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com or ZoneGreenwich.com, its officers, agents, employees, et al. be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or transmitted to the Site’s visitors.

ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com and ZoneGreenwich.com reserves the right, but has no obligation to monitor the materials posted in the public areas of the ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com and ZoneGreenwich.com service. ZoneManhatton.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com and ZoneGreenwich.com shall have the right to remove any such material that violates, or is alleged to violate, any federal, state or common law, or this agreement. Notwithstanding this right, you remain solely responsible for the content of the materials you post on ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com and ZoneGreenwich.com and in any private email messages. ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com and ZoneGreenwhich.com will treat emails sent between you and others Site Members that are not readily accessible to the general public as private to the extent required by applicable law.

COMPLAINTS

To resolve a complaint regarding Zone Manhattan service or Programming, you should first contact Customer Support at info@ZoneManhattan.com

DISCLAIMER OF WARRANTY

Zone Manhattan, ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com and ZoneGreenwich.com Provides its service on an “as is” basis and grants no warranties of any kind, express, implied, statutory, in any communication with ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com and ZoneGreewich.com or its representatives, or otherwise with respect to the service. ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com and ZoneGreenwich.com specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com and ZoneGreenwich.com does not warrant that your use of the Site and/or Programming will be secure, uninterrupted, always available, or error free, or will meet your requirements, or that any defects will be corrected.

ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com and ZoneGreenwich.com disclaims liability for, and no warranty is made with respect to telephone services, including coverage, range, or any interruption in telephone service. This Site may contain links to other sites or resources. We neither control nor endorse them. You acknowledge and agree that ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com and ZoneGreenwich.com shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products services or information located on such other sites nor for any loss or damage alleged to have been caused by the use or reliance thereof.

LIMITATION OF LIABILITY

In no event will Zone Manhattan, ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com or ZoneGreenwich.com be liable (i) to you for any consequential, incidental, or indirect damages (including, but not limited to, damages for loss of programs data, loss of data, cost of procurement of substitute services interruptions) arising out of the use of or inability to use the ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com or ZoneGreenwich.com service, even if Zone Manhattan, ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com or ZoneGreenwich.com or its agents or representatives know or have been advised of the possibility of such damages or (ii) to any person other than you. Notwithstanding anything to the contrary contained herein, Zone Manhattan, ZoneManhattan.com, ZoneWestcheser.com, ZoneHamptons.com, ZoneRocklan.com and ZoneGreenwich.com liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to ZoneManhatan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com, ZoneGreenwich.com and Zone Manhattan for the service during the term of membership.

In addition, Zone Manhattan disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users, or “hackers”) of the Site, ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com and ZoneGreenwich.com reserves the right to provide its visitors with special offers, emails and promotional messages and items.

STATE BY STATE VARIATIONS

Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.

INDEMNIFICATION

You will indemnify, hold harmless and defend Zone Manhattan ZoneManhattan.com, ZoneWestechester.com, ZoneHamptons.com, ZoneRockland.com and ZoneGreenwich.com, its directors, officers, employees, agents, representatives and third parties, for any costs, losses, liabilities and expenses (including reasonable attorneys; fees) relating to or arising out of your use of the Zone Manhattan, ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com and ZoneGreenwich.com service and/or programming, including any breach by you of the terms of this Agreement.

GENERAL PROVISIONS

You agree that New York law (regardless of any and all conflicts of law principles) shall govern this Agreement in its entirety, and that any and all dispute(s) arising out of or relation to this Agreement shall be subject to the compulsory and blinding arbitration before the American Arbitration Association in Kings County , New York . This Agreement, accepted upon visiting the Site, contains the entire agreement between you and Zone Manhattan, ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com and ZoneGreenwich.com regarding the use of the Service, This Agreement may only be amended upon notice by Zone Manhattan ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com or ZoneGreenwich.com to you, or in written form, signed by you and an authorized official of Zone Manhattan Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

NON-COMMERCIAL USE BY MEMBERS

ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com and ZoneGreenwich.com is for the personal use of its individual visitors only and may not be used in connection with any commercial endeavors. Any unauthorized and/or illegal uses of the site, including the unauthorized framing or linking to the site will be investigated and appropriate legal action will be undertaken including, with out limitation, civil, criminal and injunctive redress.

COPYRIGHT POLICY

Termination of User Privileges for Infringement and Contact Information for Suspected Copyright and Intellectual Property Infringement:

We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or a fair use exemption to do so. In particular, users who submit User Content to this Site, whiter articles, images, stories, software or other trademarked or copyrightable material MUST ensure that the content they upload does not infringe the copyrights, trademarks nor other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright or intellectual property holder or its agent to us, and confirmation trough court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users’ rights to use and/or access to this Site. We may also in our sole discretion decide to terminate a user’s rights to use or access to the Site prior to that time if we have a good faith belief that the alleged infringement has occurred. Zone Manhattan, ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com and ZoneGreenwich.com shall not be responsible for the acts of infringing users and such infringing users shall indemnify and hold harmless Zone Manhattan, ZoneManhattan.com, ZoneWestchester.com, ZoneHamptons.com, ZoneRockland.com or ZoneGreenwich.com, its officers, agents, employees, et al. from any and all damages, liabilities and expenses brought about by the infringement.

If you believe that your copyright or intellectual property has been infringed through the use of this Site, please contact Zone Manhattan

Disclaimer: Please take note that no statement regarding the Companys products has been evaluated by the Food and Drug Administrations. The Companys products are not intended to cure, prevent, diagnose or treat any disease nor are they intended to treat specific medical conditions or health problems. Zone Culinaire LLC is not associated with Dr. Sears or his Zone trademarks. Moreover, the Companys programming is not meant as a substitute for medical care from a medical.