HPS MENU PLANNER TERMS & CONDITIONS
Welcome to Menu Planner by HPS! These terms define the manner in which you may use the Menu Planner application (“Application"). By using the HPS website (“Site”) and Application, you (the “Member”) are agreeing on behalf of yourself, as well as any employees or agents whom you authorize to use the Site and Application, to the following:
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
License to use website
Unless otherwise stated, MedProcure, LLC (MedProcure) & HPS, INC (HPS) own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download or export for caching purposes only, and print pages from the website for your own district use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public other than advertisements and or published calendar data;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution.
You are granted a personal right and permission to view, electronically copy and to print (in hard copy) your personal information and the material and content that is available on the Site, (the "Content) for the sole purpose of planning and storing menus and saving recipes (the "Authorized Purposes"). You acknowledge that the organization you are representing is a member in good standing with HPS. You also expressly acknowledge and agree that all Content shall not be duplicated, downloaded, published, modified or otherwise distributed for any purpose other than the Authorized Purposes. You are agreeing to follow these Terms and all applicable laws and regulations that may govern the Site and the Application. You also agree not to share your user name or password with anyone that is not your employee or agent and to take appropriate measures to safeguard your user name and password to prevent unauthorized use and access to the Content.
You agree to indemnify and hold HPS and Medprocure and their officers, directors, owners, affiliates, subsidiaries, parent, employees, agents, successors and assigns harmless from any loss, liability or expense of any nature (including reasonable attorney’s fees) that result directly or indirectly from your use of the Site inconsistent with these Terms or from your failure to comply with any other provisions of these Terms.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to HPS and MedProcure a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to HPS and MedProcure the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you, HPS, MedProcure, or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
HPS and MedProcure reserves the right to edit or remove any material submitted to this website, or stored on MedProcure's servers, or hosted or published upon this website.
GFS Nutritional Information Disclaimer
Nutritional information provided by GFS(via data feeds to HPS Menu Planner) is based on product evaluation, published resources and/or data provided by GFS vendors and suppliers. The nutritional information is based on standard product formulations and serving sizes. Rounding up of figures and Percent Daily Values are based on FDA regulations and guidelines. While the information is as complete as possible, data for products that require further processing or cooking are based on reasonable estimates and not independent laboratory testing and analysis. Variations in nutritional values may occur as a result of ordinary differences inherent in preparation, product testing, periodic formulation changes, sources of supply, and regional and seasonal differences. The nutritional information is updated periodically in an attempt to reflect current nutritional values. GFS provides nutritional data for informational and general reference purposes only. GFS in no way warrants or guarantees the accuracy or completeness of this information. It is Subscriber’s sole responsibility to verify information through laboratory analysis and achieve compliance with all applicable state and federal regulatory requirements.
HPS Nutritional/Allergen Information Disclaimer
Any nutritional information, including but not limited to, product labeling, school lunch equivalents and allergen information provided by HPS is based on product evaluation, published resources and/or data provided by the product suppliers and/or manufacturers. The nutritional information is based on standard product formulations and serving sizes. Rounding up of figures and Percent Daily Values are based on FDA regulations and guidelines. While the information is as complete as possible, data for products that require further processing or cooking are based on reasonable estimates and not independent laboratory testing and analysis. Variations in nutritional values may occur as a result of ordinary differences inherent in preparation, product testing, periodic formulation changes, sources of supply, and regional and seasonal differences. The nutritional information is updated periodically in an attempt to reflect current nutritional values. HPS provides nutritional/allergen data for informational and general reference purposes only. HPS in no way warrants or guarantees the accuracy or completeness of this information. It is the Member’s sole responsibility to verify information and achieve compliance with all applicable state and federal regulatory requirements.
IN PROVIDING ACCESS TO NUTRITIONAL/ALLERGEN INFORMATION AND ONLINE MENU PLANNING SERVICES, HPS DOES NOT UNDERTAKE TO PROVIDE MANAGEMENT OR ADMINISTRATION TO THE MEMBER; DOES NOT RECOMMEND, SUGGEST OR PROVIDE ANY OPINION WITH RESPECT TO THE PRODUCT OPTIONS OR CHOICES AVAILABLE TO THE MEMBER; AND DISCLAIMS ANY AND ALL LIABILITY FOR ANY AND ALL DAMAGES OR CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO MEMBER’S USE OF SERVICES OR INFORMATION, THE RISKS OF WHICH ARE ASSUMED IN THEIR ENTIRETY BY MEMBER.
Limitations of liability
HPS and MedProcure will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if HPS and MedProcure have been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit HPS's and MedProcure's liability in respect of any:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation on the part of HPS and MedProcure; or
- matter which it would be illegal or unlawful for HPS and MedProcure to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify HPS and MedProcure and undertake to keep HPS and MedProcure indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by HPS and MedProcure to a third party in settlement of a claim or dispute on the advice of HPS's and MedProcure's legal advisers) incurred or suffered by HPS and MedProcure arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to HPS's and MedProcure's other rights under these terms and conditions, if you breach these terms and conditions in any way, HPS and MedProcure may take such action as HPS and MedProcure deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
HPS and MedProcure may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
HPS and MedProcure may transfer, sub-contract or otherwise deal with HPS's and MedProcure's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
HPS owns the trademarks "HPS", and all other trademarks or service marks of HPS, and all related logos and designs of HPS or its affiliates, subsidiaries, or related companies. Use of such trademarks is subject to HPS’ Copyright and Trademark Policies. If you have any questions regarding these policies, please feel to Contact Us.
This website is provided “as is” without any representations or warranties, express or implied. HPS nor MedProcure makes representations or warranties in relation to this website or the information and materials provided on this website.
HPS and MedProcure make every effort to provide accurate information on the Site and in connection with the Application, but HPS and MedProcure do not promise that the Site will be error-free, accurate or uninterrupted, nor that the information will not be updated or modified as needed. The information and claims provided on the Site reflect current information of HPS at the time that they are posted. Over time, however, this information may become out-of-date and no longer accurate. HPS cannot ensure that information and files you download from the site will be accurate or free of viruses or contamination or destructive features. HPS AND MEDPROCURE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. IN NO EVENT WILL HPS OR ANY RELATED ENTITIES OR INDIVIDUALS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A HPS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. HPS MAKES NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF THE SITE OR USE OF THE HPS SERVICE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
Other Important Terms
By using the Site, you agree that the laws in force in the State of Michigan, without choice of law principles, will govern any dispute involving the Site and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Michigan in Kent County. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded. If any provision of these Terms is found void and unenforceable, it shall not affect the validity and enforceability of any other provision of these Terms. In addition, any provision which is deemed void or unenforceable shall be automatically amended in as minimal a manner as possible so as to make it valid and enforceable.