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Last Modified: June 28, 2022
These Terms of Service are entered into by and between You and Once A Month Mom, LLC d/b/a Once a Month Meals (“Once A Month Meals”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of Once A Month Meals’ website https://onceamonthmeals.com/ (the “Website”), applications, or other services we offer where these Terms of Use are posted, including any content, features, functionality, and services offered on or through the same that we make available to you (collectively, the “Services”), whether as a guest or a registered user.
Please read the Terms of Service carefully before you start to use the Services.
BY USING THE SERVICES OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF SERVICE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, FOUND ON OUR WEBSITE INCORPORATED HEREIN BY REFERENCE. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Services.
The Services are offered and available to users who 18 years of age or older. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We may revise and update these Terms of Service from time to time in our sole discretion. Unless we state otherwise, all changes are effective upon notice and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Services.
Your continued use of the Services following posting of revised Terms of Service means that you accept and agree to the changes.
All information that you provide to us or that we collect through your use of the Services is subject to our Privacy Policy found on our Website. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
The Services enable users to create a free, limited membership or to purchase a monthly, quarterly or yearly membership with Once a Month Meals that includes guidance and software for users to create customized menus, shop for ingredients, prepare recipes, cook, package and freeze a bulk of their meals in one day.
We reserve the right to withdraw or amend the Services, including any content, information, or other materials we provide through or in connection with the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services or Service Content is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services or Service Content.
To access the Services, you may be asked to create an account by providing certain registration details or other information. Regardless of whether you register with us or use the Services as a guest, it is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services or applications may be prohibited or restricted by your carrier, and not all mobile services or applications may work with all carriers or devices. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Once A Month Meals account information.
The Services and Service Content and all rights therein are owned by the Once A Month Meals, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Subject to your compliance with these Terms of Service, Once A Month Meals grants you a limited, revocable, non-exclusive and non-transferable license in the United States to access and use the Services and Service Content solely for your personal, non-commercial use. No right, title or interest in or to the Services or any Service Content is transferred to you, and all rights not expressly granted are reserved by the Once A Month Meals and its licensors. Any use of the Services and/or Service Content not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
You must not:
The Once A Month Mom and Once A Month Meals names and the Once A Month Meals logo and all related names, logos, product and service names, designs and slogans are trademarks of the Once A Month Meals or its licensors. You must not use such marks without the prior written permission of the Once A Month Meals. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
Once A Month Meals may, in its discretion, provide you with codes from time to time which allow you to use the Services without or with reduced payment (“Promo Codes”). You agree that Promo Codes are personal to you and may not be sold, transferred, or shared with third-parties. Without limiting the foregoing, you agree not to post Promo Codes on websites or otherwise share them with the public. Promo Codes have no cash value and may expire prior to your use. We reserve the right to disable a Promo Code that has been issued at any time and for any reason.
Once A Month Meals offers several different purchase options for use of the Services. You may pay for the Services by credit card, or gift cards. You represent and warrant to Once A Month Meals that any payment information you provide to Once A Month Meals is true and correct that you are authorized to use such payment account. You agree to promptly update your account information with any changes that maybe necessary (for example, a change in your billing address or credit card expiration date).
Portions of the Services are membership-based. When you become a paid (monthly, quarterly, yearly) member of the Services, you agree to pay all applicable fees including, without limitation, any applicable taxes that we do not collect on your behalf. Your membership will be automatically renewed and your credit card will be automatically charged on a quarterly (if you are a quarterly member) or annual (if you are an annual member) or monthly (if you are a monthly member). If you are grandfathered into our monthly membership program, see our cancellation policy prior to cancelling here: https://onceamonth-meals.com/support/cancellation-policy/) basis for so long as you remain a member. You acknowledge and agree that we are not required to send you any advance notice or confirmation that your credit card has been charged. If we are unable to charge a payment to your credit card or are otherwise unable to obtain payment for Services when due, then we reserve the right to immediately either suspend or terminate your access to the Services until we receive payment from you.
Current fees will be posted on the Website. We reserve the right to modify our fees at any time for any reason upon notice to you, including, without limitation, through posting on the Website or notification
To cancel your membership, please go to the Cancel Membership Page. Further inquires of cancellation can be made to info@onceamonthmeals.com. On RENEWAL, recurring yearly (annual member) membership fees that are canceled within the first 30 days of renewal are refundable BUT must be requested in writing to info@onceamonthmeals.com within 30 days of cancellation. Recurring quarterly (quarterly member) membership fees that are canceled within the first 14 days of renewal are refundable BUT must be requested in writing to info@onceamonthmeals.com of cancellation. Established monthly members pay recurring monthly membership fees that are prepaid in advance and are non-refundable. Notwithstanding the foregoing, you will be entitled to a pro-rata refund of fees paid for the remainder of the applicable membership period if OAMM permanently deactivates the Website.
If you have a question about refund policy, contact Once A Month Meals at info@onceamonthmeals.com or 330-817-6266.
You may use the Services and Service Content only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services or Service Content:
Once A Month Meals may, in its sole discretion, permit you from time to time to post, submit, publish, display or transmit (hereinafter, “submit”) to Once A Month Meals through the Services content or materials including, without limitation, feedback related to the Services.
Any User Contribution you submit will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates, business partners, and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose, without further notice to or consent from you, and without payment to you or any person or entity.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Once A Month Meals, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions submitted by you or any other user of the Services.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate 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 Services or otherwise in any way related to your use of the Services. YOU WAIVE AND HOLD HARMLESS ONCE A MONTH MEALS AND ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Once A Month Meals, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Once A Month Meals. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged infringement that comply with applicable law. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Our designated agent to receive DMCA Notices is:
Tricia Winkler
Once a Month Meals LLC
PO BOX 140, Bellbrook, Ohio 45305
330-817-6266
info@onceamonthmeals.com
If you fail to comply with all of the requirements of Section 512(c)(4) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
We may update the Service Content from time to time, but the Service Content is not necessarily complete or up-to-date. Accordingly, any of the Service Content may be out of date at any given time, and we are under no obligation to update such material.
Additional terms and conditions may also apply to specific portions, services or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
Other than those we have specifically requested (and to which specific additional terms apply), our policy is not to accept or consider ideas or suggestions submitted by our users. We have adopted this policy in order to avoid confusion and misunderstandings in case that your ideas, suggestions, or other materials are similar to ones that have developed (or may develop) independently. Therefore, we are not responsible for any ideas, suggestions, or materials submitted to us. If you still choose to send us ideas, suggestions, or other materials, you agree that we are free to use these ideas, suggestions, or other materials in any way that it may deem fit without any liability or payment of any kind to you.
The Services may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. We may disable all or any social media features and any links at any time without notice in our discretion.
The Services may link to or may be accessed in connection with other sites, services, or resources that are provided by third parties. These links or the ability to access other sites, services, or resources from the Service are provided for your convenience only. We have no control over the content of those sites, services, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites, services, or resources linked to or otherwise accessible from the Services, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such sites.
The owner of the Services is based in the state of Ohio in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE ONCE A MONTH MEALS NOR ANY PERSON ASSOCIATED WITH ONCE A MONTH MEALS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ONCE A MONTH MEALS NOR ANYONE ASSOCIATED WITH ONCE A MONTH MEALS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO USER CONTRIBUTIONS PROVIDED BY YOU.
ONCE A MONTH MEALS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL ONCE A MONTH MEALS, ITS AFFILIATES, BUSINESS PARTNERS, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, SERVICE CONTENT, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL ONCE A MONTH MEALS’ TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES EXCEED THE GREATER OF (1) THE AMOUNT YOU HAVE PAID TO ONCE A MONTH MEALS IN THE LAST TWELVE (12) MONTHS; OR (2) FIVE-HUNDRED DOLLARS ($500 U.S.).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify and hold harmless the Once A Month Meals and its and respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of any information obtained from the Services.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
All matters relating to the Services and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the state or federal courts of Ohio although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your state or country of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Service shall remain in force.
You may not assign these Terms of Service without Once A Month Meals’ prior written consent and any purported assignment in violation of these Terms of Service shall be void.
No waiver of by the Once A Month Meals of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Once A Month Meals to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
The Terms of Service (including our Privacy Policy and any other Additional Terms incorporated by reference) constitute the sole and entire agreement between you and Once A Month Meals with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
We may provide notice to you either by posting on our Website, sending a general notice to you through the Services, notifying you by email, or by sending you notice through first-class or regular mail. Unless our notice to you states otherwise, such notices shall be deemed to have been given (a) twenty-four (24) hours after such notice is posted on our website, sent by email, or sent through the Services, or (b) forty-eight (48) hours after mailed (if sent by first class regular mail).
All legal notices to Once A Month Meals should be sent by certified or registered mail, return receipt requested, postage prepaid to the following PO BOX 140, Bellbrook, Ohio 45305. Such notice shall be effective upon receipt by us.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in Section 15.
All other feedback, comments, requests for customer or technical support, and other communications relating to the Services should be directed to Once A Month Meals at info@onceamonthmeals.com.