1. Services. MDI offers you, via a Third Party application, a service that allows you to utilize an application to order food from the MDI cafeteria (“Ordering Service”).

b. Availability. The Ordering Service may not be available in all areas at all times. Ordering Services are generally available seven (7) days a week from 8:00 am – 8:00 pm EST. Not all food options will be available at all times and are subject to change at any time by MDI without notice. Availability and pricing of products and items are subject to change, discontinuation, removal, or other changes at any time, without notice.

c. Cancellation. Orders made using the Ordering Services may not be modified or changed after having been sent  by you through the Services. No refunds (partial or full) will be made in the event of any modifications to a registered order. Notwithstanding the foregoing, in the event MDI is unable to fulfill an order, the order will be cancelled, and you will be refunded for the order. You agree that MDI no its third party service providers will have no liability whatsoever for cancellation above and beyond the full refund of the order.

d. Rewards and Membership. MDI, in its sole discretion, may elect to provide certain rewards, benefits, or membership options related to use of the Services, including points for certain qualifying orders. Information about current rewards, benefits, and memberships will be sent to you via the contact information provided by you. You hereby consent to the receipt of periodic marketing materials from MDI or its service provider via mail, SMS text message, and/or email. Standard text message service charges may apply, depending on your cellular carrier and plan. You may opt out by following the opt-out mechanism in marketing materials received.

 

2. Use. 

a. In order to access or use some features or functionality of the Sites and Services, you may be required to set up an account which will require creation of login credentials. You are solely responsible for maintaining the confidentiality of any such credentials and for any actions or purchases (whether or not authorized by you) performed or made under your account by you or any other party. You will not permit any other third party to use your credentials. MDI is not responsible for any damage or loss resulting from your failure to maintain credential confidentiality or restrict access to the devices used to access your account. You are solely responsible for keeping any of your information, including contact information, accurate and up to date.

b. You hereby agree to use the Sites and Services only for lawful purposes and in accordance with the Terms. You agree to comply with all applicable laws, rules, and regulations of the applicable location. You represent that you are purchasing products and using the Services and Sites for your personal use only and not for resale or commercial use. You agree to maintain the accuracy of any information you provide. Businesses, corporations, other entities, groups, or associations are not eligible to use the Services.

c. You agree not to use the Sites or Services or enable others to use the Sites or Services:

• to violate the rights of any third party or in violation of applicable laws,

• to attempt to gain unauthorized access to or disrupt any service, device, data, account, or network; 

• to spam or distribute malware, or transmit or cause to be transmitted any viruses, worms, Trojan horses, time bombs, cancel bots or any other harmful, damaging, or destructive programs or content; 

• in any way that could harm the Sites and Services or impair a third party’s use of it; and 

• to disable, tamper with, or otherwise attempt to circumvent any security mechanisms or share or transfer any license key, password or other security device relating to the use thereof with or to any third party. 

d. You agree not to use the Sites or Services to post, upload, or otherwise transmit any communications, content, data, or other materials that is

• false, fraudulent, or clearly misleading, 

• defamatory, libelous, harassing, sexually explicit, vulgar, unlawful, obscene, 

• inappropriate or objectionable with respect to race, gender, or ethnicity, 

• infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any third party, 

• constitutes unsolicited or unauthorized advertising, solicitation, or promotional materials (including but not limited to chain letters, spam, or junk mail), or

• unrelated to the Services or Sites. 

 

3. Privacy. Information will be collected and used in accordance with the Privacy Policy located here: MDI Privacy Policy (will link to privacy policy page)

 

4. Third Party Sites. This Site may contain links to other websites on the internet. MDI does not control such sites or practices of third parties and is not responsible for the information or content made available on those sites. MDI hereby disclaims any and all representations and warranties, express or implied, as to the function, reliability, security, or validity of such sites and any content thereon. You agree that you bear any and all risk associated with access or use of Third Party Content and that MDI is not responsible for any Third Party Content.

 

5. Intellectual Property. Unless otherwise noted, all content, design, and logos on the Sites constitutes copyrights, trademarks, and/or other intellectual property that are the sole property of or are otherwise owned, controlled, or licensed by MDI or third parties who have licensed their content and materials to MDI (“Intellectual Property”). Any such Intellectual Property is protected by United States copyright, trademark, and other laws. The collation of the Intellectual Property and other content on this Site is the exclusive property of MDI. Except as may be otherwise stated herein, access to or use of the Sites or Services does not provide any rights to you or any other party in the Sites or Services or to use the MDI Intellectual Property or MDI’s service providers’ intellectual property for any purpose without the express written consent of MDI. Unless otherwise provided, MDI and its service providers, as applicable, retain all right, title, and interest in and to the Site and Services. 

 

6. Limitation of Liability. MDI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INCIDENTAL, INDIRECT, DIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES, LOST PROFITS, OR SAVINGS) UNDER ANY CIRCUMSTANCES, RELATING TO OR ARISING UNDER (A) THESE TERMS OR ANY CONCERN RELATING TO THE SITES OR SERVICES, (B) YOUR USE OF THE SITES OR SERVICES, INCLUDING WITHOUT LIMITATION THE INABILITY TO ACCESS OR USE THE SITES OR SERVICES, (C) ANY INFORMATION, CONTENT, OFFERINGS AVAILABLE THROUGH THE SITES OR SERVICES, (D) ANY TRANSACTIONS CONDUCTED THROUGH OR ON THE SITES, AND (E) INFORMATION, CONDUCT, OR CONTENT BY OR FROM ANY THIRD PARTY, REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH  DAMAGES AND WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY. IN NO EVENT SHALL MDI’S TOTAL LIABILITY EXCEED $100.00. APPLICABLE LAW MAY NOT ALLOW SOME OR ALL OF THE LIMITATIONS OR EXCLUSIONS OF DAMAGES. IN SUCH A CASE, MDI’S TOTAL LIABILTY FOR DAMAGES IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO THE MAXIMUM PERMITTED BY APPLICABLE LAW.  YOU AGREE THAT ANY CLAIM YOU MAY HAVE WITH RESPECT TO THE SITES, SERVICES, OR LOWES FOODS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. 

 

7. Disclaimers. THE WEBSITES AND ANY ASSOCIATED SERVICES, CONTENT, AND FUNCTIONS ARE PROVIDED “AS IS,” AND MDI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR BY OPERATION OF LAW, AND SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, AVAILABILITY, ACCESS, SECURITY, QUALITY, MERCHANTIABILITY, PERFORMANCE, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY AS TO THE VALIDITY OF ANY PATENTS OR THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES AS TO THE WEBSITE OR ASSOCIATED SERVICES. MDI DOES NOT WARRANT THAT THE WEBSITE, SERVICES, OR ANY INFORMATION, CONTENT, OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

 

8. Indemnity. You agree to indemnify, defend, and hold harmless MDI and its officers, directors, stakeholders, employees, agents, and their successors and assigns from and against any and all claims, demands, threats, losses, costs, suits, obligations, liabilities, damages, penalties, and expenses (including reasonable attorney’s fees) that arise out of or are related to your use of the Site and any associated services.

 

9. Prohibited Uses. You agree to use the Sites and Services only for lawful purposes and in accordance with the Terms. Further, you agree not to use the Sites or Services or enable others to use the Sites or Services (a) to violate the rights of any third party; (b) to attempt to gain unauthorized access to or disrupt any service, device, data, account or network; (c) to spam or distribute malware, or transmit or cause to be transmitted any viruses, worms, Trojan horses, time bombs, cancel bots or any other harmful, damaging or destructive programs or content; (d) in any way that could harm the Services or impair a third party’s use of it; and (e) to disable, tamper with, or otherwise attempt to circumvent any security mechanisms or share or transfer any license key, password or other security device relating to the use thereof with or to any third party. 

 

10. Force Majeure. MDI shall not be held liable or responsible for delay or failure to comply with these Terms occasioned by any cause beyond its reasonable control, including, but not limited to, transportation delays, acts of God, fire, flood, accident, strike, lockout, war, riot, civil unrest, martial law, embargo, excessive demand for its products over the available supply, government regulation, pandemic, epidemic, or any other similar cause or circumstance beyond MDI’s control which prevents or hinders MDI’s performance.

 

11. Governing Law. These Terms (including all matters arising out of or relating hereto) shall be governed and controlled by, construed, and enforced in accordance with the laws of the State of North Carolina, Catawba County, notwithstanding choice of law or conflict of law provisions. Both Parties irrevocably consent to the personal jurisdiction of the federal and state courts presiding in North Carolina for any disputes related to these Terms.

 

12. Changes. MDI reserves the right, at any time and without notice, to modify or terminate all or any portion of the Sites (and any activities thereon including, but not limited to, offerings, conferences, networking capabilities, analytics, or marketing), Services (including but not limited to pricing, offerings, or requirements), and these Terms. Please check back from time to time so you are aware of any changes or updates. The effective date of the Terms will be indicated at the top of the page. By continuing to use the Sites or Services after the posting of any such changes, you accept and agree to these Terms as modified.

 

13. Miscellaneous. 

a. Termination. MDI reserves the right to terminate, suspend, or close your account (or otherwise deny access) if MDI determines, in its sole discretion, you have violated these Terms. Further, MDI may remove any content, communications, data, or materials that it determines to be in violation of the Terms.

b. Waiver and Severability. Failure or delay by MDI in exercising any rights or enforcing any provisions hereunder will not be construed as a waiver thereof nor shall it in any way affect the validity of these Terms or the right of MDI to enforce each and every provision thereafter. If any provision of these Terms is held by final judgment of a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of these Terms shall continue to be valid and enforceable to the fullest extent permitted by the law.

c. Relationship. Nothing in these Terms shall cause you or MDI to be construed as being in, or an intention to be in, a relationship as partners, joint venturers, employer/employee, principal/agent, or as affiliate or subsidiary.

d. Assignment. You may not assign your rights, duties, or obligations hereunder at any time, whether by operation of law or otherwise. 

e. Notice. By using this Site or the Services, you hereby consent to MDI communicating with you electronically, and any notices, agreements, or other communications sent to you electronically by MDI shall satisfy any legal communications requirements.