Terms and Conditions for Stop & Shop Sponsored Subscribers
Updated as of 3-27-2019
By setting up a Dinner Daily account and using the Dinner Daily service, you agree to these terms and conditions:
The Dinner Daily sponsored by Stop & Shop is a dinner planning service (the “Service”) offering personalized dinner plans based on a subscriber’s food preferences and the weekly specials at the Stop & Shop. Each subscriber will receive a customized weekly menu and shopping list for five dinners delivered to the subscriber’s personal dashboard. Subscribers will also receive links to their weekly dinner plan via email.
1. Stop & Shop is sponsoring The Dinner Daily memberships for invited Stop & Shop loyalty card customers who subscribe to the Service (each a “subscriber”) using a provided unique signup code. Under this program, Dinner Daily memberships will be available at no cost to these invited subscribers through September 30, 2019. This program may be extended or changed at the discretion of Stop & Shop and/or The Dinner Daily.
2. The Service is to be used by the subscriber or subscriber’s household only. The weekly menu or shopping list reports cannot be distributed, copied, or forwarded to another email. Sign in details for the Service may not be shared beyond members of the subscriber’s household.
3. Weekly menu plans are available by logging into the subscriber’s personal dashboard at www.thedinnerdaily.com.
4. By signing up for the Service, a subscriber agrees to allow the Service to send a weekly email with links to each weekly dinner plan and periodic emails to inform subscribers of new features that are added to the Service from time to time. Since email services sometime incorrectly flag these emails as spam, The Dinner Daily makes no guarantees that subscribers will receive these emails.
5. Subscribers should print out their then-current menu plan each week, as the Service stores and makes accessible only the current week and the previous week’s plans on the subscriber’s dashboard. Copies of prior menus or shopping lists cannot be emailed out to subscribers.
6. Nutritional information provided on subscriber’s menus is created using third party software and contains approximate values only. This information is provided as a courtesy only and should NOT be used in making medical decisions. Nutritional values will vary from final results depending on actual measurements, ingredients, brands and the cooking methods used to prepare the recipe. The Nutritional information on the menu is for one serving of the full meal (main course and sides). Unless otherwise noted on the recipe, the Service’s Family plan recipes make five (5) servings and the Meals for Two to Three recipes make two and a half (2.5) servings. Each subscriber should consult with his or her nutritionist or doctor as to individual dietary needs and/or restrictions as well as the appropriateness of any recipe. While the Service attempts to provide accurate nutritional and other data, the Service provides no warranty as to the accuracy of nutritional or other data.
7. Neither The Dinner Daily, Inc., the Service or Stop & Shop will be held liable for any adverse reactions of subscribers due to the preparation and/or consumption of the meals using the recipes, whether related to allergies, medical conditions, or other causes.
8. Weekly menus are based on subscriber’s food preferences and what is on sale at Stop & Shop per the store’s advertised, publicly available sales. In some cases, items indicated as on sale on the subscribers Dinner Daily shopping list may not be available at all Stop & Shop stores, or may be available at a different price from the advertised price, or may vary from store to store. The Dinner Daily makes no warranties that these items will be available.
9. The coupon search provided each week to subscribers is a supplemental service. Coupons are time sensitive and although the coupon may be available at the time a new meny is made available to subscribers, coupons can expire at any time as determined by the issuer of the coupon.
11. The Dinner Daily, Inc. puts a lot of time and effort into creating valuable and interesting content (“Content”). Content includes any recipes, text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available to you by way of The Dinner Daily, Inc.’s website and the Service. Content on The Dinner Daily, Inc’s website and any underlying code and technology are owned or licensed by The Dinner Daily, Inc. and are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. In order to protect these rights, subscribers are prohibited from using, copying, removing, changing or obscuring any Content, copyright, trademark, service mark or other proprietary rights notices included in any Content (The Dinner Daily or otherwise) or posted on The Dinner Daily, Inc.’s website, except as expressly provided in these Terms and Conditions. All such rights and ownership are expressly reserved by The Dinner Daily.
12. References in the Service or on The Dinner Daily’s website to any other trademarks, products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation by The Dinner Daily, Inc.
13. The Dinner Daily, Inc.’s website may contain links to third party websites and resources (collectively “Third Party Websites”) that are not under The Dinner Daily, Inc.’s control. The Dinner Daily, Inc. provides these links only as a convenience and is not responsible for the content, products or services that are available from Third Party Websites. As such, a subscriber acknowledges sole responsibility and assumes all risk arising from his or her use of any Third Party Websites.
14. The Dinner Daily, Inc. does not grant to a subscriber any licenses or rights by implication or otherwise under any intellectual property rights owned or controlled by The Dinner Daily, Inc. or its licensors, except for the licenses and rights expressly granted in these Terms
15. Other than set forth herein, The Dinner Daily, Inc. is not obligated to monitor access or use of its website, Content or the Service, but The Dinner Daily, Inc. has the right to do so to facilitate the operation of the Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. The Dinner Daily, Inc. may consult with and disclose unlawful conduct to law enforcement authorities and pursuant to valid legal process, The Dinner Daily, Inc. may cooperate with law enforcement to prosecute users who violate the law. The Dinner Daily, Inc. reserves the right (but is not required) to remove or disable access to the Service, the website, and any Content at any time and without notice, and at The Dinner Daily’s sole discretion, if The Dinner Daily, Inc. determines that a subscriber’s use of the Service, the website or any Content is objectionable or in violation of these Terms or applicable law. The Dinner Daily, Inc. has the right to investigate violations of these Terms and any conduct that affects the Service, the website or the Content.
16. As a subscriber, you agree not to copy, reproduce, re-engineer or otherwise use any of the Content or software used or contained on www.thedinnerdaily.com.
17. If a subscriber breaches these Terms in any way, The Dinner Daily, Inc. may take such action as it deems appropriate to deal with the breach, including suspending access to the Service, prohibiting access to The Dinner Daily, Inc.’s website, blocking computers or mobile devices using a subscriber’s internet protocol (“IP”) address from accessing the Service, contacting a subscriber’s internet service provider to request that it block a subscriber’s access to the Service, bringing court proceedings against a subscriber, and/or any other rights or remedies that The Dinner Daily, Inc. may have under these Terms and Conditions.
18. A SUBSCRIBER IS SOLELY RESPONSIBLE FOR, AND ASSUMES ALL RISKS RELATED TO, THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE MEALS THAT A SUBSCRIBER MAKES BASED ON THE DINNER DAILY, INC.’S MENU PLANS. A SUBSCRIBER IS ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES AND VERIFYING THAT THE MENU PLANS ARE APPROPRIATE FOR USE.
19. THE DINNER DAILY, INC. ATTEMPTS TO DISPLAY CONTENT, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, THE DINNER DAILY, INC. DOES NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. THE RESULTS OF THE SERVICE MAY VARY FROM CONTENT DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF A SUBSCRIBER’S COMPUTER, THE AVAILABILITY AND VARIABILITY OF COMPONENTS OF MENU PLANS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SERVICE MAY CONTAIN INFORMATION ABOUT MENU PLANS AND WEEKLY STORE SPECIALS AND COUPONS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A MENU PLAN OR ITEM ON THE WEBSITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN A LOCATION.
20. EXCEPT AS EXRPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, NEITHER THE SERVICE NOR THE DINNER DAILY, INC, NOR STOP & SHOP MAKE ANY WARRANTIES, INCLUDING IMPLIED WARRANTIES, WITH RESPECT TO RECIPES AND THE NUTRITIONAL INFORMATION PROVIDED VIA THE SERVICE. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, ARE HEREBY DISCLAIMED BY THE SERVICE AND THE DINNER DAILY, INC. IN NO EVENT SHALL THE DINNER DAILY, INC. OR STOP & SHOP BE LIABLE FOR INDIRECT, INCIDENTAL, LIQUIDATED, OR CONSEQUENTIAL DAMAGES. WITHOUT LIMITATION TO THE FOREGOING, THE DINNER DAILY, INC. PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE OR THE SERVICE WILL MEET A SUBSCRIBER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, BE ACCURATE, COMPLETE, RELIABLE, OR WORK WITH ANY OTHER WEBSITE, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
21. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE DINNER DAILY, INC. OR ITS AFFILIATES OR STOP & SHOP HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; AND (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE.
22. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to all subscribers.
23. These terms and conditions are subject to change from time to time without prior notice to subscribers.
25. The Dinner Daily, Inc is not be responsible for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.
26. These Terms and the resolution of disputes will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflict of laws principles.
27. A subscriber may only resolve disputes with the Dinner Daily, Inc. on an individual basis as set forth below, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms and Conditions.
28. No waiver by The Dinner Daily, Inc. of any provision set forth in these Terms and Conditions shall be deemed a continuing waiver of such provision or a waiver of any other provision, and any failure of The Dinner Daily, Inc. to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision in these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
29. In the event that a subscriber has an issue with the Service, please send an email to email@example.com. In the event that the issue cannot be resolved, any judicial proceeding will be brought in the federal or state courts of Suffolk County, Massachusetts. Subscribers consent to venue and personal jurisdiction there, and agree to waive rights to a jury trial.
30. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to a subscriber’s use of the Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
31. Notwithstanding the foregoing, in the event of any unauthorized access to or use of the Service or Content in violation of these Terms and Conditions, The Dinner Daily, Inc. is entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
32. The Dinner Daily, Inc. may change or discontinue, temporarily or permanently, any feature or component of the Service, including these Terms and Conditions, at any time without notice. The Dinner Daily, Inc. is not liable to a subscriber for any modification, suspension or discontinuance of any feature or component of the Service, and reserves the right to determine the timing and content of any updates, which may be automatically downloaded and installed in connection with the Service without prior notice.