Effective Date: January 1st, 2012
Martha’s Senior Gourmet reserves the right to change, modify, suspend or discontinue any portion of this Site or the Service at any time. Martha’s Senior Gourmet may also impose limits on certain features or restrict your access to parts or the entire Site or Service in its sole discretion and without notice or liability.
Martha’s Senior Gourmet reserves the right to refuse to provide you access to the Site or Service or to allow you to register for a Membership for any reason.
As a member, you agree that the entire contents of the Service including, but not limited to, the Site, Alliance Partner identities, discounts, member pricing, offers, and other terms and provisions of Membership is, as between you and Martha’s Senior Gourmet, the confidential information of Martha’s Senior Gourmet (the “Confidential Information”). You must hold Confidential Information in strict confidence and you agree that you will not disclose the Confidential Information to any third party. Unless expressly authorized by us in writing, you must not forward, distribute or otherwise disclose any emails and/or newsletters (or the contents thereof) delivered to you in connection with the Membership program to any third party. Title to Confidential Information remains with Martha’s Senior Gourmet and its Alliance Partners.
You may not link to any portions of our Site from your website, without our prior written consent. You acknowledge that Martha’s Senior Gourmet may, in its sole discretion and at any time, discontinue providing any part of the Service without notice.
Membership and Security
Some functions of our Service, including registration for a Membership, require registration
using your email address and password, and by providing certain personal information. You
represent, covenant and agree that you will access the Services in connection with your
Membership only from the country you identify as your residence when you establish your
Membership. You agree to provide Martha’s Senior Gourmet with accurate,
complete, and updated Membership information. Failure to do so will constitute a breach of
You agree to (i) keep your password confidential and use only your Membership login and password when logging in, (ii) ensure that you log out from your account at the end of each session on the Site, and (iii) immediately notify Martha’s Senior Gourmet (see “Contact Us”) of any unauthorized use of your Membership and/or password. You are fully responsible for all activities that occur under your email address and Membership even if such activities or uses were not committed by you. Martha’s Senior Gourmet will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.
You agree that (i) Martha’s Senior Gourmet may publish the corporate names and/or
other business affiliations you provide in our members list which list may be published on
the Site or otherwise be made publicly available anywhere in the world and that (ii)
Martha’s Senior Gourmet may use such corporate names and/or business affiliations for
publicity or any other purposes without additional compensation.
Agreement to Pay
An early cancellation charge of $75.00 will apply to subscriptions terminated prior to the
end of the first 28 days cycle. A $50.00 early cancellation charge will apply to
termination during subsequent cycles. Customers completing their cycle will not incur
The credit card billing system will create and authorization swipe on the day you placed your order. These funds may become unavailable in your bank account. Please consult with your bank regarding length of time and other conditions.
Unless you cancel (see “Cancellation” below) no later than two (2) days prior to the end of the then current Membership period, your membership will be renewed for the following 28 days and you authorize Martha’s Senior Gourmet to renew your membership, and bill you for the following 28 day period.
You can cancel your Membership by completing the “Contact Us” form in the Members Only area. We will reasonably attempt to return a cancellation confirmation to you via email to your registered email address. You should retain this confirmation as a record of your cancellation. If you cancel your Membership, we will refund any remaining portion of your previously paid membership fees, provided you submitted a two (2) days advance notice. Provided that you cancel no later than five (5) days prior to the end of the current Membership billing period your cancellation will take effect at the end of the billing period during which you deliver notice to us of your intent to cancel. If you cancel your Membership at least five (5) days prior to the end of your billing period and are charged for the next month’s fee, please contact our billing customer service at (800) 360-2808 to have that charge refunded.
THE SERVICE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Martha’s Senior Gourmet OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, Martha’s Senior Gourmet DOES NOT WARRANT THAT THE SERVICE, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. Martha’s Senior Gourmet DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT, OFFERS, DISCOUNTS OR PROMOTIONS DESCRIBED IN THIS SITE AND PROFFERED BY THE SERVICE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, OR RELIABILITY.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability
IN NO EVENT SHALL Martha’s Senior Gourmet BE LIABLE WHETHER IN CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR
STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER,
MOBILE PHONE OR MOBILE DEVICE FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR
INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN
IF Martha’s Senior Gourmet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO TERMINATE YOUR MEMBERSHIP AND DISCONTINUE ANY USE OF THE SERVICE.
Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Offers andLinks to Third Party Websites
In an attempt to provide increased value to our visitors and as part of the services we offer through the Service, we choose various third party websites to link to, and in some cases frame within, the Site or otherwise make available through the Service. We also participate in co-branding and other relationships to offer the Service and most importantly the discounts offered to users with Memberships which are redeemable at selected suppliers, vendors and other Alliance Partners.
Any third party links and offer descriptions are provided as a courtesy only, and the sites they link to and the offers described are not under the control of Martha’s Senior Gourmet in any manner whatsoever. Therefore, Martha’s Senior Gourmet is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites or whether the third party will honor the offer as described on the Site or made available through the Service. Martha’s Senior Gourmet is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Martha’s Senior Gourmet of any linked site and/or any of its content therein and/or any product or service offered by such third party.
Further, you acknowledge and agree that any offers, discounts or other promotions made available through the Service are subject to change at any time and from time to time and such offers, discounts and promotions may not be honored by our suppliers, vendors and other Alliance Partners. Additionally, we have endeavored to be as accurate as possible in describing and displaying the colors and other features of the products and offers made available through the Service; however, there is no warranty that the colors, product descriptions or other content of the Service is accurate, complete, reliable, current, or error-free. If a product or offer displayed through the Service is not as described, your sole remedy is with the manufacturer, vendor, or supplier of the good or service.
You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Service, you agree that Martha’s Senior Gourmet shall not be liable in any manner due to your use of, or inability to use, any third party links, offers, discounts, or promotions third party feeds, websites and software applications. .
Through your use of the Service, you agree that you will not violate any applicable laws, the rights of others, or the operational and security mechanisms of the Service. Examples of such prohibited behavior include, but are not limited to:
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Martha’s Senior Gourmet, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. Martha’s Senior Gourmet does not control the Content posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that you may consider being offensive, indecent or objectionable. Under no circumstances will Martha’s Senior Gourmet be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.
Your Representations and Warranties
You represent and warrant that:
Forums and Public Communication
By submitting Content for inclusion on the Service via any chat, blog, bulletin board or other functionality we may or may not offer in the future, you represent and warrant that you have all necessary permissions to grant the licenses below to Martha’s Senior Gourmet. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Service, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant Martha’s Senior Gourmet and its successors a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Service in any media formats and through any media channels, including without limitation, for promoting and redistributing part of the Service (and its derivative works). This license granted by you terminates once you or Martha’s Senior Gourmet removes your contributed Content from the Service. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
Copyrights and Trademarks
Except as otherwise indicated, all Content, including that displayed on or within the Site and the compilation thereof, such as text, graphics, logos, images and software, is the intellectual property of Martha’s Senior Gourmet and its affiliates and licensors, and is protected by United States and international copyright laws. Martha’s Senior Gourmet and all related logos and other proprietary marks of Martha’s Senior Gourmet displayed on the Site and through the Service are trademarks of Martha’s Senior Gourmet. The Martha’s Senior Gourmet trademarks and trade dress may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages Martha’s Senior Gourmet. Unless expressly authorized by us in writing, you are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site or the Service for commercial or public purposes. All rights are expressly reserved.
All third party trademarks, logos, photographs, images, advertising and other intellectual property contained on or within the Site are the property of the respective third parties, including the respective advertisers, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property.
Third Party Contributions to the Service
Each contributor to the Service of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, Martha’s Senior Gourmet is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold Martha’s Senior Gourmet responsible for any user’s actions or inactions, including things they post or otherwise make available through the Service.
Martha’s Senior Gourmet
22850 Crenshaw Blvd, #202
Torrance, CA 90505
Phone: (310) 935-3877
Fax: (213) 995-6361
Making Claims of Copyright Infringement
If you believe that your work (as included on the Service) has been copied, displayed, or distributed in a way that constitutes copyright infringement, please notify our Copyright Agent.
A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Service; (d) information sufficient to permit COMPANYNAME to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner’s behalf.
The Martha’s Senior Gourmet Copyright Agent can be reached by phone, fax or post as follows:
Martha’s Senior Gourmet
19401 S Vermont Ave, J100
Torrance, CA 90502
Phone: (310) 935-3877
Fax: (213) 995-6361
The Copyright Agent will only respond to any claims involving alleged copyright infringement.
Under California Civil Code Section 1789.3, residents of California who have a Membership are entitled to the following specific consumer rights information: If you are unable to receive the information you are seeking, or resolve a complaint you may have regarding the services available through this Site, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite North 112, Sacramento, California 95834, or by telephone at (800) 952-5210.