By accepting delivery of food by Meal Village,
Inc. (“Meal Village”), you agree to the following
terms and waiver of liability:
1. Deliveries. You agree that you are
responsible for determining the freshness of the food
when it is delivered, including food that is left
outside at the delivery location when no one is
available to accept delivery. To maintain the quality
and integrity of the food, we recommend that you
immediately refrigerate all food upon delivery until
you are ready to warm it up. If no one is at the
delivery location when the food is delivered, and you
have specified that the delivery should be left
outside, you specifically agree that you are
responsible for determining that the food is safe to
consume when you finally take possession of it. From
the time of delivery, the condition and consumption
of the food is solely at your risk, and you agree
that you are solely responsible for the proper and
safe handling, preparation, storage, use and
consumption of the food following delivery.
2. Disclaimer. YOU ARE SOLELY RESPONSIBLE FOR
KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND
VERIFYING THE CONTENTS OF THE FOOD BEFORE HANDLING OR
CONSUMING THE FOOD.
3. Release and Waiver; Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS,
ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES,
HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE
MEAL VILLAGE AND ITS AFFILIATES FROM AND AGAINST, AND
COVENANT NOT TO SUE ANY SUCH MEAL VILLAGE PARTY FOR,
ANY CLAIMS YOU HAVE ARISING OUT OF OR IN ANY WAY
RELATED TO THESE TERMS. WITHOUT LIMITING THE
GENERALITY OF THE PRECEDING SENTENCE, YOU
SPECIFICALLY WAIVE ANY AND ALL CLAIMS ARISING OUT OF
ANY UNSAFE CONDITION OF THE FOODTHAT DEVELOPS DURING
THE TIME THAT THE FOOD IS LEFT UNREFRIGERATED OR LEFT
OUTSIDE PURSUANT TO YOUR DELIVERY INSTRUCTIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL MEAL VILLAGE OR ANY AFFILIATE
OF MEAL VILLAGE BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES OF ANY KIND ARISING OUT OF THE SALE OF FOOD
BY MEAL VILLAGE, WHETHER BASED IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE,
WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT
LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY
(EVEN IF THE PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER
SUCH DAMAGES WERE FORESEEABLE).