Terms and Conditions

Please read these Terms and Conditions of Use (“Terms”) carefully before accessing or using the Morrison Management Specialists, Inc. (“Morrison”) diet manual. Morrison is making its diet manual accessible through the following website: www.MyDietManual.com (the “Site”). By accessing or using Morrison’s diet manual at or through the Site, you signify your assent to these Terms. If you do not agree to all of these Terms, do not access or use the Morrison diet manual at or through the Site. You must be 18 years or older to subscribe to the Site. Some of the content on the Site may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS SITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before viewing the Site. We reserve the right to cancel your subscription should you violate any provision of these Terms, or any other posted policy on the Site.

Morrison may revise and update these Terms at any time. Your continued usage of the Morrison diet manual will mean you accept those changes.

The contents of the Morrison diet manual and any other information contained on the Site, such as text, graphics, images, and other material are for informational purposes only. The Morrison diet manual and other information on the Site (other than User Content defined below) will be collectively referred to as the “Content”. The Content is not intended to be medical advice or a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, your diet, nutritional supplements, an exercise regimen or any other matter related to your health and well-being. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. Morrison does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. If you rely on any of the information provided by this Site or our employees, or guests or visitors to the Site, you do so solely at your own risk.

Use of Content

If the Site has the functionality, you may be able to upload your own content for storage onto the Site, and such content is hereinafter referred to as the “User Content”. Morrison does not have any responsibility for the User Content and you agree to hold Morrison and its affiliates, agents, officers and employees harmless against any claim, known or unknown, under any theory of law and equity, relating to the User Content.

Morrison authorizes you to view the Content on the Site solely for your personal use, internal use in your practice or in your registered facility; provided however that you are not permitted to download a complete copy of the Morrison diet manual. Morrison’s diet manual and other Content Morrison places on the Site is proprietary to Morrison. No portion of the Morrison diet manual or other Content on the Site may be used by you or any other person or entity for commercial exploitation without prior written consent from Morrison. Commercial exploitation shall include, but is not limited to, resale to others or republication to the public. Contact MyNutritionResources@compass-usa.com for permission requests.

Without limiting the forgoing, you may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, license, sublicense, or create derivative works from the Morrison diet manual or from the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use the Site or Content in any way that harms Morrison, our employees, or content experts. You may not use the Site as a destination linked from any unsolicited bulk or commercial messages (spam). You may not use or otherwise export or re-export the Morrison diet manual or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Morrison diet manual or the Content is prohibited.

You acknowledge and agree that the Site, the diet manual and other Content contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Morrison or its content providers. The Morrison diet manual and other Content on the Site is protected by copyright under both United States and foreign laws. Title to the Morrison diet manual and other Content shall remain with Morrison or its content suppliers. All rights not expressly granted herein are reserved to Morrison. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and a violation copyright, trademark and other laws. If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. Content and features are subject to change or termination by Morrison without notice to you. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY CONTENT, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY MORRISON TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Regarding the Content supplied by users or parties other than Morrison, Morrison is a distributor and not a publisher. Morrison has no more editorial control over such third-party or user Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by Morrison are those of the respective authors or distributors and not of Morrison. Neither Morrison nor any third party, or any user of the Site, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. Morrison neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site by anyone other than authorized Morrison employees. Under no circumstances shall Morrison be liable for any loss, damage or harm caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice or other Content available through the Site.

You also acknowledge and agree that your use of the Internet and access to the Site is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Morrison is not responsible for the security of any information transmitted to or from the Site.

Online Conduct

You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. If Morrison is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by you, Morrison may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Site. Morrison may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Morrison or its users. Morrison reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, the Site, or any rights of Morrison or any third party, or to violate any applicable law. Notwithstanding the foregoing, Morrison cannot ensure prompt removal of questionable content after online posting. Accordingly, Morrison does not assume liability for any action or inaction with respect to conduct, communication, or content on the Site.

Accounts, Passwords and Security

To create an account to begin your subscription, you must complete the registration process by providing Morrison with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Morrison which is untrue, inaccurate, not current or incomplete, Morrison reserves the right to terminate your access and use of the Site. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Morrison immediately of any unauthorized use of your account or any other breach of security. Morrison will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Morrison or another party due to someone else using your account or password. Your subscription lasts for 1 year after date of purchase. If the subscription expires, you will no longer have access to the Site or its contents and you will have to re-purchase the subscription.

Limitation of Liability and Disclaimer of Warranties

The use of the Morrison diet manual and other Content and User Content is at your own risk. When accessing or using the Content or User Content, information will be transmitted over a medium that may be beyond the control and jurisdiction of Morrison. Accordingly, you agree to hold Morrison, its parent company, affiliates, content providers and their respective employees and contractors harmless with respect to any and all liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Content and User Content.

The Morrison diet manual and the Content are provided on an "as is" basis. MORRISON, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER MORRISON NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR OTHERS, WARRANT THAT (i) USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (ii) THE INFORMATION, CONTENT, SERVICE, MERCHANDISE, LINKS, TEXT, ADVICE OR OPINIONS PROVIDED ON OR THROUGH THE SITE IS ACCURATE, COMPLETE, RELIABLE, TIMELY OR CURRENT; OR (iii) THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.

In no event shall Morrison, its parent company, affiliates, content providers and their respective employees and contractors be liable for any damages (including, without limitation, direct, indirect, incidental and consequential damages, personal injury/wrongful death, special or punitive, including without limitation lost profits, lost goodwill, lost data, business interruption, or intangible losses) resulting from the use of or inability to use the Morrison diet manual or other Content or User Content, including but not limited to damages arising in any way from any product or service sold or provided on or through the Site or the use of the information or the results of the use of the information provided on or through the Site, or arising in any way from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Site's records, programs, or services, whether based on warranty, contract, tort, or any other legal theory, and whether or not you are advised of the possibility of such damages. In no event shall Morrison, its parent company, affiliates, content providers and their respective employees and contractors be liable for any personal injury, including death, caused by your use or misuse of the Morrison diet manual or other Content or User Content. You acknowledge that this paragraph shall apply to all content, merchandise, and services available through the Site. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law. If the foregoing limitations and/or disclaimers are determined not to apply for any reason, then the maximum liability of Morrison, its parent company, affiliates, content providers and/or their respective employees and contractors shall not exceed $1,000. Any claims arising in connection with your use of the Morrison diet manual or any other Content or User Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.

Links to Other Sites

The Site may provide links to third-party web sites. Morrison does not recommend and does not endorse the content on any third-party web sites. Morrison is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites. Morrison does not endorse any product or service on the Site. By using the Site to search for or link to another third-party site, you agree and understand that you may not make any claim against Morrison for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site.

Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Morrison (identified below) and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number and (if available) e-mail address.
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

 

Morrison contact for copyright issues relating to this Site is as follows:

Morrison Management Specialists, Inc.
ATTN:MyNutritionResources@IAmMorrison.com

Privacy

Please review our Privacy Policy accessible at http://www.morrisonhealthcare.com/terms-of-use-and-privacy-policy, which also governs your visit to the Site, to understand our privacy practices.

Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Morrison may also deliver communications to you electronically. In addition, Morrison may deliver communications (including legal notices) to you at the street address provided in your subscription account. Finally, Morrison may deliver communications to you by any means set forth in any other Morrison policy or notice published on the Site.

Governing Law

By using the Morrison diet manual, you agree that the laws of the State of Georgia will govern these Terms, without regard to principles of conflict of laws and that any dispute between you and Morrison will be resolved by binding arbitration conducted by the American Arbitration Association in Atlanta, Georgia, based upon their Commercial Rules of Arbitration. The arbitrator's award shall be binding upon the parties and may be entered in any court of competent jurisdiction. In any action against Morrison arising from the use of this Site, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.

Indemnity

You agree to defend, indemnify and hold Morrison, its parent company, affiliates, content providers and their respective employees and contractors, successors and assigns harmless from and against any claims, actions or demands, liabilities, and settlements, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your access or use of the Site, the Morrison diet manual, the Content or the User Content or any violation of these Terms by you.

Miscellaneous Terms

If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. These Terms and the Privacy Policy are the entire agreement between you and Morrison relating to the subject matter herein. Morrison may assign its rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.