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).