Terms & Conditions
All rights reserved. No part of any Mainstay, Inc./My25 publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods without the prior direction or written permission of Mainstay, Inc./My25 ("publisher"), except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law. For permission requests, contact the publisher. Any user activation code and/or password are confidential and proprietary and may not be disclosed to unauthorized users. By using any of publisher's publications, you agree to the terms and conditions of use outlined here.
Terms & Conditions of Use For My25 Choice, My25 Elevate Portal, My25 Flex My25 Bullseye, and My25 Media Partners
The following Terms & Conditions of Use apply to all Mainstay, Inc./My25 (Mainstay) Subscribers of information distributed by Mainstay (My25 Content, Mainstay Property, My25 Resources and My25 Network). “Subscriber” is defined as any organization and/or individual utilizing one or more of My25 Content, Mainstay Property, My25 Resources and My25 Network. My25 Content, Mainstay Property, My25 Resources and My25 Network refer to content and software associated with My25 Choice; My25 Elevate Portal; My25 Flex Newsletter; My25 Bullseye Text Messaging; white labeling of the My25 Portal; media sponsor and advertiser partnership content, and additional products and services that may be introduced in the future as part of Mainstay’s standard product offerings, branded under the My25 name; and outreach and responsiveness by Mainstay staff via email and telephone. Mainstay’s Terms & Conditions of Use are a matter of legality and consent regarding copyright and other restrictions, geographic limitation, definition of terms and provisions, allocation and limitation of responsibilities between Mainstay and each Subscriber.
My25 Content, Mainstay Property, My25 Resources and My25 Network include information delivered via electronic transmission to organizations and individuals (Subscribers) proactively seeking information regarding nutrition, disease management, menu planning, grocery shopping, recipe preparation, kitchen skills development, preventive health, enjoyment of life, and assorted additional topics centered on quality of life enhancement. Selected media sponsors and advertisers may be involved in production of information that Mainstay chooses to share through My25 Content, Mainstay Property, My25 Resources and My25 Network (see Partners and Advertisers). Mainstay ensures the complete privacy and confidentiality of its Subscribers and their agents and constituencies and does not share any personal information with external organizations or individuals.
Mainstay provides ongoing, prompt customer service support regarding My25 Content, Mainstay Property, My25 Resources and My25 Network to Subscribers and associated agents and constituents. Mainstay customer service support is available through email (firstname.lastname@example.org) or by telephone (847-784-8812) during standard Monday-Friday business hours of 9:00 AM to 5:00 PM in the Central time zone. Mainstay employees are located at 332 S Michigan Avenue, Chicago, Illinois 60604 and Mainstay’s mailing address for all correspondence and subscription fee payments by check is at 1001 Green Bay Road, #195, Winnetka, Illinois 60093.
Except as expressly permitted within these Terms & Conditions of Use, or upon the express direction or prior written consent of Mainstay, Subscribers agree not to engage in the following activities or permit others to do so:
- copy, print, republish, display, transmit, distribute, sublicense, sell, rent, lease, loan, or otherwise make available in any form or by any means (including electronic media now existing or hereafter developed), all or any substantial portion of My25 Content, Mainstay Property, My25 Resources and My25 Network;
- provide access to My25 Content, Mainstay Property, My25 Resources and My25 Network or any portions thereof to anyone other than Subscriber’s employees, people supported, and associated agents, constituents and family members within specified settings and geographic locations;
- create compilations or derivative works of My25 Content, Mainstay Property, My25 Resources and My25 Network, reverse engineer, modify translate, decompile, disassemble or merge My25 Resources with another product;
- but for the license granted herein, use My25 Content, Mainstay Property, My25 Resources and My25 Network in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Mainstay or third parties;
- make any portion of My25 Content, Mainstay Property, My25 Resources and My25 Network available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future;
- remove, disable, or defeat any functionality of My25 Content, Mainstay Property, My25 Resources and My25 Network.
My25 Choice subscribers are granted a nonexclusive, non-transferable license to use selected My25 Resources without the right to grant sublicenses. Use of My25 Choice is limited to the Subscriber’s employees, people supported, and associated agents and constituents within mutually agreed-upon geographic locations and residential and other settings. My25 Choice—with content individualized and proprietary to each setting—may not be shared or repurposed within additional settings beyond those for which the resources are specifically designed and intended. As further clarification: Any Subscriber with multiple locations in different geographical areas may not share any My25 Choice resources between locations unless Mainstay has provided prior written consent, and any Subscriber receiving My25 Choice resources for one setting may not repurpose or share My25 Choice resources within another setting, even within the same geographic location, unless Mainstay has provided prior written consent.
Subscriptions to My25 Choice and My25 Elevate Portal (white label version) may be terminated without cause by Subscriber at any time, during any term, with ninety (90) days written notification if all payment balances are current. If payment balances are not current, the ninety (90) day termination clock does not start until all payment balances are current. Individual users may opt out of My25 Flex and/or My25 Bullseye at any time. Organizational subscriptions to My25 Flex and/or My25 Bullseye may be terminated without cause by Subscriber at any time, during any term, with sixty (60) days written notification if all payment balances are current. If payment balances are not current, the sixty (60) day termination clock does not start until all payment balances are current. Media sponsors & advertisers subscriptions may be termintated without cause by Subscriber according to their individual Subscription Agreement. Mainstay may terminate subscriptions to My25 Content, Mainstay Property, My25 Resources and My25 Network without cause at any time.
Subscriptions to My25 Choice, My25 Elevate Portal (white label version), My25 Flex Newsletter, and My25 Bullseye Text Messaging will automatically renew for additional one (1) year terms, based on the Subscription Start Date, unless notice of non-renewal is provided by either party to the other. “Subscription Start Date” is defined as the date upon which Subscriber agrees to first start receiving My25 Resources and/or the date upon which the first fee payment is due. Subscriptions by media partners and advertisers will automatically renew according to their individual Subscription Agreement and Effective Date.
Any ongoing monthly payments are due on the 1st of each month (Due Date), commencing on the Subscription Start or Effective Date. If Subscriber fails to pay the Subscription fee within 14 days of the Due Date, Mainstay may charge Subscriber interest at a rate equal to 1 percent per month. It is the Subscriber’s responsibility to update payment information as may become necessary as a result of expired or lost forms of payment such as may occur with credit cards and other forms of payment. Mainstay may suspend or cancel a Subscription at any time in the event of Subscriber’s failure to pay any monthly fee within twenty-five (25) days of Due Date. Subscription fees do not include any taxes, such as sales, use, or excise. Mainstay reserves the right to increase Subscription fees at any time; any Subscription fee increase will be communicated to Subscriber with at least a sixty (60) day notification.
Additional services requested by Subscriber, outside of standard deliverables for each of My25 Content, Mainstay Property, My25 Resources and My25 Network, may be charged separately at agreed-upon fees, with prior approval by Subscriber.
Each My25 Choice and My25 Elevate Portal (white label version) Subscriber must appoint and maintain an In-house Administrator (Administrator) to function as the primary contact for Mainstay. Subscriber is responsible for promptly communicating to Mainstay any change in Administrator responsibility. The Administrator is responsible for routine, prompt communication with Mainstay as needed for effective execution of My25 Choice & My25 Elevate Portal (white label version) resources and distribution of the Subscriber’s proprietary codes that allow Users to access certain My25 Choice & My25 Elevate Portal (white label version) resources. The Administrator is responsible for understanding these Terms & Conditions of Use and distributing these Terms & Conditions of Use within the Subscribing organization, including to all individuals and agents with overarching responsibility for the Subscribing organization and its constituents.
It is understood that Mainstay has no control whatsoever regarding use and implementation of My25 Content, Mainstay Property, My25 Resources and My25 Network by Subscriber and any of its agents and constituents. Each Subscriber is responsible for all products and information provided by third parties, including advertisers, sponsors and partners, whether or not Mainstay assisted in their selection, inclusion, suggestion or supervision. Each Subscriber is solely responsible for the safe and considered implementation of My25 Content, Mainstay Property, My25 Resources and My25 Network , including health guidance and safe and appropriate preparation of all suggested menu plans and recipes and utilization of all suggested cooking and preparation methods. Mainstay makes no warranty, promise or other guarantee regarding the safety, appropriateness, or health benefits of My25 Content, Mainstay Property, My25 Resources and My25 Network and provides all information “as is.” Mainstay makes no warranty, promise or guarantee regarding the ability of My25 Content, Mainstay Property, My25 Resources and My25 Network to produce improvement to health, skills, knowledge, revenue, or a reduction in expenses of any kind.
If you do not agree with these Terms & Conditions of Use, it is expected that you will not Subscribe to, or utilize, My25 Content, Mainstay Property, My25 Resources and My25 Network.
Mainstay's Subscription Addendum
REFERS TO: MAINSTAY, INC. MY25 RESOURCES SUBSCRIPTION AGREEMENT; SUBSCRIPTION CONFIRMATION & ACTIVATION FORM; MY25 FLEX NEWSLETTER SUBSCRIPTION SIGN UP; MY25 BULLSEYE TEXT MESSAGING SUBSCRIPTION SIGN UP; electronic sign up on the my25flex page of the my25.com web site; and MAINSTAY MEDIA PARTNERSHIP SUBSCRIPTION AGREEMENT
This Mainstay, Inc. My25 Resources Subscription Addendum (“Addendum”) provides additional terms and conditions relating to the Mainstay, Inc. My25 Resources Subscription Agreement; Subscription Confirmation & Activation Form; My25 Flex Newsletter Subscription Sign Up; My25 Bullseye Text Messaging Subscription Sign Up; electronic sign up on the my25flex page of the my25.com web site; and Mainstay Media Partnership Subscription Agreement which shall be binding on Subscriber and Mainstay and which are hereby incorporated into the Mainstay My25 Resources Subscription Agreement (“Agreement”); Subscription Confirmation & Activation Form ("Form"); My25 Flex Newsletter Subscription Sign Up ("Sign Up"); My25 Bullseye Text Messaging Subscription Sign Up ("Sign Up"); electronic sign up on the my25flex page of the my25.com web site ("Sign Up"); and Mainstay Media Partnership Subscription Agreement ("Agreement") between Mainstay and Subscriber.
1. Approvals, Consents and Waivers. Each party shall submit request for approvals, consents, and waivers to the other party in writing (email is satisfactory as long as there is confirmation of receipt) in a timely manner. No approval, consent, or waiver under the Agreement, Form or Sign Up shall be enforceable unless set forth in writing signed by an authorized representative of the granting party. A waiver of a default of any term of the Agreement, Form or Sign Up shall not be construed as a waiver of any succeeding default of that term or as a waiver of the term itself. A party’s performance after the other party’s default shall not be construed as a waiver of that default. No approval, consent, or waiver shall be deemed to have been given by implication and neither party shall be liable for delays in responding to, failures to respond to, or denials of those requests.
2. Copyright. Mainstay and its third party licensors and developers hold exclusive ownership of Mainstay Property, My25 Resources and My25 Network, and all intellectual property rights embodied therein, including copyrights and valuable trade secrets incorporated in the My25 Properties, Resources and Network design and methodology. Mainstay Property, My25 Resources and My25 Network are protected by United States and international copyright laws and international treaty provisions. Any Agreement, Form or Sign Up does not grant you any ownership or intellectual property rights in Mainstay Property, My25 Resources or My25 Network. Upon expiration of the Term or termination of your Subscription, you will not have the right to continue using Mainstay Property, My25 Resources or My25 Network and will promptly remove all copies of Mainstay Property, My25 Resources or My25 Network from your systems.
3. Discontinuation. Mainstay may terminate Agreement, Form or Sign Up upon 30 days notice to you in the event Mainstay no longer provides Mainstay Property, My25 Resources or My25 Network. Mainstay may provide a comparable replacement, in which case Mainstay may refund any prepaid but unused fees to you on a pro-rata basis.
4. Export Restrictions. You agree that you will not permit use or or export, directly or indirectly, re-export, divert or transfer Mainstay Property, My25 Resources or My25 Network in violation of any applicable export control law or regulation, including without limitation, the U.S. Export Administration Regulations ("Export Controls").
5. Non-Exclusive Use. Mainstay furnishes products and services to you under Agreement, Form or Sign-Up on a non-exclusive basis. Mainstay may directly or indirectly furnish the same or similar products and services to other parties doing business within or outside the vertical, horizontal, or geographic markets in which you do business.
6. Proprietary Code. Subscriber is responsible for maintaining the confidentiality of any proprietary User or Activation Code related to Mainstay Property, My25 Resources or My25 Network, for all use, whether authorized or unauthorized. Subscriber must promptly notify Mainstay if there is suspicion of any breach of security, such as loss, theft, or unauthorized disclosure or irregular use of the Code.
7. Notices. All notices required or permitted under Agreement, Form or Sign Up shall be in writing (via email is satisfactory with confirmation of receipt) and shall be delivered by any method providing sufficient proof of delivery, except that any notice other than a notice of default or notice of termination may be delivered by facsimile transmission if the original document is also promptly delivered to the recipient. Any notice shall be deemed to have been given on the date of receipt. Notices to Mainstay shall be sent to 1001 Green Bay Road, #195, Winnetka, IL 60093 or email@example.com. Notices to Subscriber shall be sent to the address Mainstay has on record.
8. Severability. Each term of this Agreement, Form and Sign Up is severable. If a court, agency, or arbitrator having jurisdiction determines that any term is unenforceable under applicable law, that determination shall not affect the enforceability of the other terms of Agreement, Form or Sign Up.
10. Assignment. Neither party shall assign its rights or delegate its duties under this Agreement or Form without prior written consent of the other party, except that Mainstay may assign Agreement, Form or Sign Up to an affiliate or to its successors by merger or to the transferee of substantially all of its stock or assets. Any assignee or delegate shall be subject to the same obligations, restrictions, and limitations to which the assignor or delegator is subject, and no assignor or delegator shall be released from liability under the Agreement, Form or Sign Up by reason of any such assignment or delegation. Agreement, Form or Sign Up shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
11. DISCLAIMERS OF WARRANTIES.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
MAINSTAY PROPERTY, MY25 RESOURCES AND MY25 NETWORK AND THEIR CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, ALL RECIPES AND COOKING METHODS AND HEALTH GUIDANCE) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MAINSTAY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR PERSON, TITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER MAINSTAY NOR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT MAINSTAY PROPERTY, MY25 RESOURCES OR THE MY25 NETWORK OR ANY FUNCTION CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MY25 WEBSITE, MY25 CHOICE PINPOINT SOFTWARE, MY25 PORTAL AND MY25 EMAIL TRANSMISSION OR THE SERVERS THAT MAKE THE WEBSITE, PINPOINT SOFTWARE, PORTAL AND EMAILS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER MAINSTAY NOR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, ALL RECIPES AND COOKING METHODS AND HEALTH GUIDANCE) IN MAINSTAY PROPERTY, MY25 RESOURCES AND THE MY25 NETWORK IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SAFETY, EFFECTIVNESS OR OTHERWISE.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAINSTAY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MAINSTAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE MAINSTAY PROPERTY, MY25 RESOURCES AND THE MY25 NETWORK; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, RECIPES AND COOKING METHODS AND HEALTH GUIDANCE) ON THE MY25 PORTAL OR ANY SOFTWARE, WEBSITE OR WEBSITES LINKED TO MAINSTAY, (C) THE PREPARATION OF ANY RECIPE OR USE OF ANY COOKING METHOD AND HEALTH GUIDANCE LINKED TO MAINSTAY; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (F) ANY OTHER MATTER RELATING TO MAINSTAY PROPERTY, MY25 RESOURCES AND THE MY25 NETWORK. IN NO EVENT SHALL MAINSTAY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT OF THE SUBSCRIPTION FEE PAID BY YOU DURING THE TERM.
IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.