TERMS OF USE

 

MAKE EATING FUN, INC.

 

Updated: February 11, 2015

 

Welcome to MakeEatingFun.com! Make Eating Fun is an exciting Interactive Nutritional Game that is not only a tool for parents use with children that are picky eaters, but it is also a game for any healthy little eater to enjoy.  Whether you choose Sir Edwin, Texas Ted or Howard Hermit, your child will be engaged to overcome challenges or win a competition while learning valuable life lessons.

 

Please carefully read these Terms of Use (hereafter “Terms of Use,” or “Terms”) along with our Privacy Policy (found at www.makeatingfun.com/privacy and incorporated herein by reference) before using the “Make Eating Fun” website (hereafter “MEF website,” or “website”) or any of the Make Eating Fun, Inc. (hereinafter “MEF,” “our,” or “we”) products or data (collectively referred to as the “Services”).

 

By using the Services, You (“You” or “Your”) are agreeing to these terms and policies. If You do not agree to these Terms of Use, You do not have permission to use and may not use the Services.  Your use of the Services includes the ability and consent to enter into agreements electronically. We may, in our sole discretion, modify or revise these Terms of Use and policies at any time, and You agree to be bound by such modifications or revisions when you access this website. We encourage you to read these Terms of Use each time you visit the MEF website in case of any modifications. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits. These Terms of Use apply to all users of the Services.

 

Arbitration Notice: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND MAKE EATING FUN, INC. WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

Product Specifications and Website Content; Accuracy of Information

All features, content, specifications, products and prices of products described or sold on the Services are subject to change at any time without notice. Certain tips, measurements, and other similar descriptions are suggestive or approximate and are provided for convenience purposes only. We make all reasonable efforts to describe our products fully, including in some cases, by depicting the color of the products; however, the colors that you see on screen may depend on your computer and may end up being different when you receive the product. MEF cannot guarantee the availability of any of its products, whether or not those products are depicted on the website.  It is Your responsibility as the user to abide by any and all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any product purchased from our Services. All books, games, placemats, and similar products sold or otherwise distributed or available through the website are for private, home use and may not be duplicated.

 

We make no representations as to the completeness, accuracy or timeliness of any information on our website, including without limitation, product pricing or availability which can change without notice. While we will make great efforts to confirm your order by email, the receipt of an email confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell our products. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

 

Shipping your Product

When you place an order on the MEF website, your product(s) will be shipped to the address you designate, as long as such address is compliant with our shipping restrictions, which are subject to change without notice.  The risk of loss and title for items purchased from our website passes to you upon delivery of the items to our shipping carrier, if any.  As such, You are responsible for filing any claims with shipping carriers for damaged, lost, or stolen items.  You agree that We shall not be held responsible for such claims.

 

Changes to Terms; Suspension of Services

Make Eating Fun, Inc., reserves the right, in its sole discretion, to modify, alter, or otherwise change these Terms at any time without any prior notice to You. The most current version of these Terms will always be at www.makeeatingfun.com/legal. The most current version of the Terms will govern our relationship with You. By continuing to access or use the Services after those changes become effective, whether or not you are notified of changes, you agree to be bound by the revised Terms. MEF may also suspend its Services, temporarily or permanently, with or without notice to you.

 

Privacy and Protection of Personal Information

Any information which you provide to MEF is subject to our Privacy Policy, incorporated herein by reference, which governs our collection and use of Your information. By using the Services you agree to be bound by the terms of the Privacy Policy.

 

Third Party Links

From time to time, the website may contain links to websites that are not owned, operated or controlled by MEF or their respective affiliates. All such links are provided solely as a convenience to You. If you use these links, you will leave the website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website(s). Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the website, you do so entirely at your own risk.

 

Company’s Rights; User’s Rights

All right, title, and interest and to the Services are and are and will remain the exclusive property of Make Eating Fun, Inc. The Services are protected by copyright, trademark and other laws of both the United States and foreign countries. Nothing in these Terms will be construed as giving you a right to use the MEF name or any of the MEF owned trademarks, logos, domain names, and other distinctive brand features, including, but not limited to, all the intellectual property relating to the Services.

 

Notwithstanding any obligations or covenants contained in these Terms, any feedback or comments that you may provide to us regarding our Services is entirely voluntary and we retain the right to use such feedback or comments as we see fit, at our sole discretion, without any obligation to you.

 

You are responsible for your use of the products and/or Services, and for any consequences thereof, including the use of your account by others. We reserve the right to limit the availability of the products and/or Services or any portion of the products and/or Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that MEF may or may not provide.

 

30-Day Money Back Guarantee

To provide you with complete peace of mind, Make Eating Fun offers a 30-day money-back guarantee on all Interactive Nutritional Game kits purchased through our website.

 

If for any reason you are not completely satisfied with your purchase of Make Eating Fun's Interactive Nutritional Game kit, you may contact us at info@makeeatingfun.com within 30 days of your purchase to request a full refund by providing the following:

 

  • Name and e-mail address under which the purchase was made; and

  • Date of purchase; and

  • Order-confirmation number as shown on your confirmation e-mail; and

  • Written explanation of why you are wanting to return your purchase

 

Upon receipt of all of the above information and the receipt of the merchandise, we will refund 100% of your purchase price by crediting the credit card account used for the original purchase.

 

 

The 30-day money back guarantee applies to initial Make Eating Fun purchases only, and does not apply to:

 

  • Make Eating Fun resellers or any fees associated with these accounts

  • Make Eating Fun return customers

  • Make Eating Fun customers that have damaged the merchandise

 

Make Eating Fun reserves the right to limit returns.

 

User Content and Use Restrictions

MEF reserves the right to access, read, preserve, and disclose any information as we reasonably believe, in our sole discretion, is necessary to comply with any applicable law, regulation, legal process or government request; enforce the Terms, including investigation of potential violations hereof; detect, prevent, or otherwise address fraud, security or technical issues; respond to user support requests; and/or protect the rights, property or safety of MEF, its Users and the public.

 

The following is a non-exhaustive list of actions that Users are prohibited from doing in conjunction with the Users’ access or use of the products or Services:

 

Users shall not:

  1. access, tamper with, or use non-public areas of the Services, MEF’s computer systems, or the technical delivery systems of MEF’s providers;

  2. access or search or attempt to access or search the Services by any means other than through our currently available, published interfaces that are provided by MEF, unless the user has been specifically allowed to do so in a separate agreement with MEF;

  3. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

  4. impersonate another person or falsely state or otherwise misrepresent your affiliation or employment with a person or entity, or adopt a false identity if the purposes of doing so is to mislead, deceive, or defraud another;

  5. post unauthorized commercial communications (such as spam);

  6. collect Users' content or information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;

  7. upload viruses or other malicious code, or use the Services to do anything unlawful, misleading, malicious, or discriminatory;

  8. bully, intimidate, or harass any User of our products or Services;

  9. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or

  10. interfere with, or disrupt, or attempt to interfere with or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the content of the MEF Services in such a manner as to interfere with or create an undue burden on the Services.

 

Disclaimer of Warranties; Services Available As Is

YOUR RELIANCE ON, USE OF, AND ACCESS TO THE PRODUCTS AND SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT  THE PRODUCTS AND SERVICES AND ALL CONTENT IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, AND TO THE FULL EXTENT PERMITTED BY LAW, MAKE EATING FUN, INC. DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE PRODUCTS OR SERVICES OR ANY CONTENT THEREON. MEF WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE PRODUCTS OR SERVICES, OR ANY CONTENT. YOU ALSO AGREE THAT MEF HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MEF OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEF AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, INACCURATE, MISLEADING, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MEF HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

Warning for Children’s Products

Your purchase may come with several documented inserts that contain important information regarding our products, including without limitation, product use warnings. It is Your responsibility to read and heed those warnings when you or your child are using our products. 

 

Children’s products are subject to a set of federal safety rules, called children’s product safety rules, that are monitored by the Consumer Product Safety Commission. The law defines a “children’s product” as a consumer product designed or intended primarily for children 12 years of age or younger. You can find the law here: http://www.cpsc.gov/Regulations-Laws--Standards/Statutes/The-Consumer-Product-Safety-Improvement-Act/

 

All of MEF’s products have been tested and certified safe by an independent, third party CPSC-accepted laboratory for compliance with the applicable federal consumer safety regulations.

 

The following warnings and disclosures are included in our product warnings insert, and incorporated herein by reference:

 

USE AT YOUR OWN RISK. This product contains small parts that could be swallowed by small children and cause choking or even death. ADULT SUPERVISION IS REQUIRED AT ALL TIMES.

 

The Make Eating Fun, Inc. products are intended to be used during mealtime to encourage literacy and healthy eating. This placemat is not intended, and should not be used, for any other purpose. MEF is not liable for any illness, injury, death or damages related to or arising out of use of this placemat for any other than its intended purpose. MEF is not liable for any illness, injury, death or damages related to or arising out of: food allergies; food contamination; choking; eating disorders; obesity; eating food to quickly; physical or mental harm related to successfully eating foods and reading the story on the placemat; anxiety about successfully reading the placemat and gaining parental approval; children swallowing the cap or pen tip of the dry erase markers; friction in the relationship between parent and child; uneasiness sleeping as a result of certain characters or “scary” foods. MEF is not liable for any damages suffered by the offensiveness of any character or story on a placemat or for a story line that may not be in line with a parent’s values. Parents have full and complete control over the “treat” that is offered as a result of completing the story, and MEF is not responsible for the relationship, if any, between the treat the parent provides and healthy eating. MEF is not responsible for any eating habits developed as a result of using the placemat(s). These results may vary from child to child, and MEF does not guarantee healthy eating habits or literacy.

 

Exclusions and Exceptions

Some jurisdictions do not allow the disclaimer, exclusion of certain warranties, or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In such jurisdictions, MEF’s liability will be limited to the fullest extent permitted by applicable law.

 

Indemnification

You agree to indemnify, defend, and hold harmless MEF, its subsidiaries, agents, distributors, affiliates, and their officers, directors, and employees from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitations, reasonable attorney’s fees, resulting from your breach of any provision of these Terms, the Privacy Policy, or any warranty you provide herein, or otherwise arising in any way out of your use of the Services and any related MEF Services and/or the website. You agree to cooperate fully with MEF in the assertion of any available defenses in connection with a claim subject to indemnification by you under these Terms.

 

Waiver and Severability

The failure of MEF to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

 

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Orange County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).

 

Arbitration; No Class Actions

Except if you opt-out or for disputes relating to: (1) MEF’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); or (2) your violations of provisions 5, 7, or 10 of the “User Content and Use Restrictions,” above, you agree that all disputes between you and MEF (whether or not such dispute involves a third party) with regard to your relationship with MEF, including without limitation disputes related to these Terms, your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and MEF hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor MEF will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if MEF is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either MEF or You can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

You may opt out of this agreement to arbitrate. If you do so properly, neither you nor MEF can require the other to participate in an arbitration proceeding. To opt out, you must notify MEF in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

 

Make Eating Fun, Inc.

C/O Gary Heyer

PO Box 185

Atwood, CA, 92811-0185

 

You must include your name and residence address and a clear statement that you want to opt out of this arbitration agreement.

 

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with MEF.

 

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your use of the Services or relationship with MEF must be filed within one year after such a claim arose; otherwise, your claim is permanently barred.

 

Entire Agreement

These Terms, together with our Privacy Policy, incorporated herein by reference, are the entire and exclusive agreement between MEF and You regarding the Services, and these Terms supersede and replace any prior agreements between MEF and you regarding the Services. No person or company will be third party beneficiaries to the Terms.

 

We may revise these Terms from time to time; the most current version will always be at www.makeeatingfun.com/legal. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

 

The Services are operated and provided by Make Eating Fun, Inc. having a mailing address of PO Box 185, Atwood, CA, 92811-0185. If you have any questions about these Terms, please contact us at info@makeeatingfun.com.