Terms and Conditions of Use

Mainstay, Inc. is the name of our company and "My25" represents a variety of Mainstay-branded products that will increase over time and are part and parcel of Mainstay, Inc's Terms & Conditions of Use.

All rights reserved. No part of Mainstay, Inc. resources or My25 publications 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. ("publisher"), except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law. Utilization of all content is granted as a non-transferrable, limited-use license and is strictly limited to paying subscribers during the time of subscription. For permission requests, contact the publisher. Any user activation code and/or password are confidential and proprietary and may not be disclosed to unauthorized/nonsubscribing users. By using any of publisher's publications, you agree to the additional terms and conditions of use outlined here.

TERMS & CONDITIONS OF USE For My25 Select Portal Subscribers; My25 Choice Subscribers; My25 Elevate Portal (including white label versions) Subscribers; My25 Max Subscribers; My25 Grocery Subscribers; My25 Personal App & Messaging Subscribers; My25 Admin Tracker Subscribers; My25 Plus Pack Subscribers; and Mainstay & My25 Partners

The following Terms & Conditions of Use apply to all Mainstay, Inc. and My25 ("Mainstay") Subscribers and Partners regarding information distributed by Mainstay (My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network, Pinpoint Software). “Subscriber” and "Partner" are defined as any organization and/or individual utilizing one or more of My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software. My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software refer to content and software associated with Mainstay's marketed products: My25 Select; My25 Choice; My25 Elevate Portal; My25 Personal App & Messaging; My25 Max; My25 Grocery; white labeling of the My25 Elevate Portal; My25 Admin Tracker; My25 Plus Pack; media sponsor and advertiser partnership content; API linkage to organizational partners; additional products and services that may be introduced in the future as part of Mainstay’s standard product offerings, branded under the My25 name; hard copy and electronic marketing content; and outreach and responsiveness by Mainstay staff via in-person, email, notifications/text messaging, 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 (sometimes referred to as "party" or "contractor") and each Subscriber or Partner (sometimes referred to as "party" or "provider").

My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software include information delivered via electronic transmission to for-profit and nonprofit organizations and individuals (Subscriber(s) and (Partner(s)) 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 nutrition, food as medicine, and quality of life enhancement. Selected media sponsors and advertisers may be involved in production of information that Mainstay chooses to share through My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software (see Partners and Advertisers). Mainstay is not responsible for archiving any of My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software (including menus, grocery shopping lists, preparation steps, therapeutic reports and nutrition by daypart information), for Subscribers or Partners, nor is Mainstay responsible for compliance requirements that Subscribers and Partners must adhere to on a federal, state, or organization-specific basis, including state-mandated Business Associate or Service Agreements. Mainstay ensures the complete privacy and confidentiality of its Subscribers and Partners and their agents and constituencies and does not share any personal or clearly-designated confidential information with external organizations or individuals.

Mainstay provides ongoing, prompt customer service support regarding My25 Select; My25 Choice; My25 Elevate Portal; My25 Grocery; My25 Personal; My25 Admin Tracker; My25 Plus Pack; and My25 Max; white labeling of the My25 Elevate Portal; media sponsor and advertiser partnership content; API linkage to organizational partners; 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 in-person, email, notifications/text messaging, and telephone to Subscribers and Partners and approved, associated agents and constituents. Mainstay customer service support is available through email (hello@my25.com) 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 and contractors are located at destinations allowing for work via virtual means. Mainstay’s mailing address for all correspondence and subscription fee payments by check is: 1001 Green Bay Road, #195, Winnetka, Illinois 60093. ​

Except as expressly permitted within these Terms & Conditions of Use, or upon the express prior written direction or prior written consent of Mainstay, Subscribers and Partners agree not to engage in the following activities or permit others to do so while a Mainstay Subscriber and following any Mainstay subscription:

  1. 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 portion of My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software;
  2. provide access to My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software or any portions thereof to anyone other than Subscriber’s or Partner's employees, people supported, and associated agents, constituents and family members within specified settings and geographic locations;
  3. create compilations or derivative works of My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software, reverse engineer, modify translate, decompile, disassemble or merge My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software with another product or initiative;
  4. but for the limited-use license granted herein, use My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Mainstay or third parties;
  5. make any portion of My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future;
  6. remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software; or
  7. remove, disable, or defeat any functionality of My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software.

My25 Choice, My25 Max, My25 Grocery, My25 Elevate, My25 Personal, My25 Admin Tracker, My25 Plus Pack, and My25 Select Subscribers and Partners are granted a nonexclusive, non-transferable, limited-use license to use selected My25 Resources without the right to grant sublicenses. Use of My25 Choice, My25 Max, My25 Grocery, My25 Elevate, My25 Personal and My25 Select is limited to any Subscriber’s or Partner's employees, clients/members/patients/people supported, and associated agents and constituents within mutually agreed-upon geographic locations and residential and other settings according to the signed My25 Subscription Agreement. My25 Choice, My25 Max, My25 Grocery, My25 Personal and My25 Select—with content individualized and proprietary to each residence/individual (sometimes referred to and categorized as one or more of: "household," "LTSS," "MLTSS," "HCBS," "waiver," "ICF," "group home," "supported living," "foster home," independent living," "home-based," "supported home," and various unique state descriptors for community-based settings)—may not be shared or repurposed (for example, changing the dates as specified on My25 Choice menus) within additional settings or additional individuals beyond those for which the resources are specifically designed, intended and subscribed to. As further clarification: Any Subscriber or Partner with multiple locations in different geographical areas may not share any My25 Choice, My25 Max, My25 Grocery, My25 Personal, My25 Admin Tracker, My25 Plus Pack, or My25 Select resources between locations and individuals unless Mainstay has provided prior written consent. Any Subscriber or Partner receiving My25 Choice, My25 Max, My25 Grocery, My25 Personal, My25 Admin Tracker, My25 Plus Pack, or My25 Select resources for one household or individual may not repurpose or share My25 Choice, My25 Max, My25 Grocery, My25 Personal, My25 Admin Tracker, My25 Plus Pack, or My25 Select resources within another household or for another individual(s) or for different dates, even within the same geographic or organizational location, unless Mainstay has provided prior written consent.

Unless specified otherwise through an explicit written Agreement between Subscriber or Partner and Mainstay, Subscriptions to My25 Select, My25 Choice, My25 Max, My25 Personal, My25 Admin Tracker, My25 Plus Pack, My25 Grocery, and My25 Elevate Portal (including white label versions) are expected to receive an initial commitment by Subscriber of at least 180 days in order to assess fit and benefit (this is particularly applicable to My25 Choice where multiple goals and variables require set-up, goal-setting, and relationship-building time) and then may be terminated without cause by Subscriber, with ninety (90) days written notification commencing on the first day of the following month, if all payment balances are current. Discontinutation notification prior to Subscription start date is considered a lack of commitment by the Subscriber and Mainstay reserves the right to null and void the Agreement immediately. If payment balances are not current, the ninety (90) day termination period does not commence until all payment balances are current, only then commencing on the first day of the following month. In the event that Subscriber or Partner does not adhere to all discontinuation and termination obligations as outlined in the Subscription Addendum and Terms & Conditions of Use, Subscriber or Partner is responsible for all Mainstay fees associated with collection and legal recourse. Because of the custom nature of My25 Select, My25 Max, My25 Grocery, My25 Personal, My25 Admin Tracker, My25 Plus Pack, and My25 Choice resources, there is no pro-ration nor allowable alternate settlement upon discontinuation under any circumstance or contest put forth by Subscriber. Media sponsor & advertiser subscriptions may be terminated without cause by Subscriber according to the terms of their individual Subscription Agreement. Mainstay may terminate subscriptions to My25 Select, My25 Choice, My25 Max, My25 Grocery, My25 Personal, My25 Admin Tracker, My25 Plus Pack and My25 Elevate without cause at any time and Mainstay may terminate Agreement, Form, Sign Up or Contract at any time in the event Mainstay no longer provides My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software, in which case Mainstay may refund any prepaid fees, starting with the 1st day of the second following month from date of discontinuation notification.

Unless specified otherwise through an explicit written Agreement between Subscriber or Partner and Mainstay, subscriptions to My25 Select; My25 Choice; My25 Max; My25 Personal; My25 Admin Tracker; My25 Plus Pack; My25 Grocery; and My25 Elevate Portal; white labeling of the My25 Elevate Portal; media sponsor and advertiser partnership content; API linkage to organizational partners; 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 will automatically renew for additional one (1) year terms, based on the Subscription Start or Effective 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 and paying for My25 Select; My25 Choice; My25 Grocery; My25 Max; My25 Personal; My25 Admin Tracker; My25 Plus Pack; My25 Elevate Portal; white labeling of the My25 Elevate Portal; media sponsor and advertiser partnership content; API linkage to organizational partners; additional products and services that may be introduced in the future as part of Mainstay’s standard product offerings, branded under the My25 name. Subscriptions by media partners and advertisers will automatically renew according to their individual Subscription Agreement and Effective Date.

Unless specified otherwise through an explicit written Agreement between Subscriber or Partner and Mainstay, additional households and individuals (in any geographic location), standard products, and standard services requested by Subscriber or Partner are considered part of the original Agreement, Form, Sign Up, or Contract and are mutually bound by the original signed Subscription Agreement, Form, Sign Up, or Contract, the Mainstay Subscription Addendum, these Terms & Conditions of Use, and Mainstay's Privacy Policy.

Any ongoing monthly payments are due on the 1st of each month (Due Date), commencing on the Subscription Start or Effective Date. If Subscriber or Partner fails to pay the Subscription fee within 14 days of the Due Date, Mainstay may charge Subscriber or Partner interest at a rate equal to 1 percent per month. It is the Subscriber’s or Partner'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 or Partner'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 or add-on fee increase will be communicated to Subscriber or Partner with at least a thirty (30) day notification. Mainstay reserves the right to alter its minimum Subscription amount, or add on fees, at any time and will communicate any Subscription amount change to the customer prior to any billing change.

Additional services requested by Subscriber or Partner, outside of standard deliverables for each of My25 Select; My25 Choice; My25 Max; My25 Personal; My25 Admin Tracker; My25 Plus Pack; My25 Grocery; My25 Elevate Portal; white labeling of the My25 Elevate Portal; media sponsor and advertiser partnership content; API linkage to organizational partners; additional products and services that may be introduced in the future as part of Mainstay’s standard product offerings, branded under the My25 name, may be charged separately at agreed-upon fees, with prior approval by Subscriber or Partner. While My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software provide customized content, there are limits to this customization; requests beyond these limits may require additional fees, with the prior approval by Subscriber.

For each of My25 Select, My25 Choice, My25 Max, My25 Grocery, My25 Personal, My25 Admin Tracker, My25 Plus Pack, and My25 Elevate Portal (including white label versions) Subscriber or Partner must appoint and maintain an In-house Administrator ("Administrator") to function as the primary contact for Mainstay. Subscriber or Partner 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, safe and state licensor-subscribed execution of My25 Select, My25 Choice, My25 Max, My25 Personal, My25 Grocery and My25 Elevate Portal (including white label versions) resources and distribution of the Subscriber’s or Partner's proprietary codes that allow Users to access certain My25 Select, My25 Choice, My25 Max, My25 Personal, My25 Admin Tracker, My25 Plus Pack, My25 Grocery and My25 Elevate Portal (including white label versions) resources. The Administrator is responsible for understanding the Agreement, Form, Sign Up or Contract, Subscription Addendum, Privacy Policy, and these Terms & Conditions of Use and distributing these Terms & Conditions of Use within the Subscribing or Partnering organization, including to all individuals and agents with overarching responsibility for the Subscribing or Partnering organization and its constituents. Any termination must be communicated to Mainstay in writing by Administrator; no other notification by any other individual is acceptable.

It is understood that based on remote utilization by Subscriber's or Partner's own agents and constituents of My25 Select, My25 Choice, My25 Max, My25 Personal, My25 Admin Tracker, My25 Plus Pack, My25 Grocery and My25 Elevate Portal (including white label versions), Mainstay has no control whatsoever regarding information shared with or withheld from Mainstay (such as census changes, dietary/health restrictions) nor use and implementation of My25 Select, My25 Choice, My25 Max, My25 Personal, My25 Admin Tracker, My25 Plus Pack, My25 Grocery and My25 Elevate Portal (including white label versions) by Subscriber or Partner and any of its agents or constituents. Each Subscriber or Partner is responsible for ensuring attendance at training and frequently-offered re-training regarding products and information provided by Mainstay, third parties, including advertisers, sponsors and partners, whether or not Mainstay assisted in their selection, inclusion, suggestion or supervision. Each Subscriber or Partner and its constituents are solely responsible for the safe and considered implementation of My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software, including health guidance and safe and appropriate inclusion and preparation of all suggested menu plans, substitutions lists, recipes and utilization of all suggested cooking, food processing and preparation methods and any tangible or monetary prizes, giveaways or gifts sent to Subscribers' stakeholders as rewards for encouragement, incentive, engagement, Challenges, Contests or outcomes achievement. Mainstay makes no warranty, promise or other guarantee regarding the safety, appropriateness, or health benefits and provides all information and goods “as is.” Mainstay makes no warranty, promise or guarantee regarding the ability of My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network, Pinpoint Software and tangible or monetary prizes, giveaways or gifts to improve health, skills, knowledge, revenue, or a reduction in expenses of any kind.

Additional Regarding Giveaways, Incentives, Prizes & Raffle Rewards

Mainstay, Inc. may award prizes or tangible incentives (collectively, “awards”) to Subscriber’s constituents from time to time. Giveaways, incentives, prizes, and raffle rewards do not require any monies be paid to Mainstay, Inc. from participants or award recipients.

All awards are provided “as is,” and there is no guarantee or warranty made by Mainstay, Inc. regarding the safety, durability, or appropriate use of any award. Award recipients—or in the case of participating minors, their parent or legal guardian—are solely responsible for making the decision regarding acceptance of the award and appropriate and safe use of any award. Mainstay, Inc. is not responsible for any injury or damage resulting from use of any award.

Award recipients will receive an email notification regarding the award and may decline receipt of an award by replying to the notification email.

All awards are purchased by Mainstay, Inc. from third-party vendors. Awards may be sent via email as a gift card, in which case the award recipient’s email address and name are shared with the third-party vendor. Awards may also be in the form of a tangible product sent directly from third-party vendors to the award recipient’s valid U.S. postal address, in which case the award recipient’s name and postal address will be shared with the third-party vendor. Any assembly required of any award is the sole responsibility of the award recipient. Due to unforeseen circumstances out of Mainstay, Inc. control, highlighted awards may become unavailable from the third-party vendor or shipping delays may occur. Mainstay, Inc. will make every reasonable effort to substitute a similar award in a timely manner, but is otherwise held harmless and has no further obligation. Mainstay. Inc. will not engage in bartering or negotiation with award recipients. Mainstay, Inc. has sole discretion over award substitutions, with substitutions never constituting cash.

Award recipients are solely responsible for ensuring that the laws of their state allow for participation regarding awards. Award recipients are solely responsible for any state income taxes that may arise from a My25 award.

If you do not agree with these stipulations regarding Mainstay, Inc. awards, do not accept Mainstay, Inc. awards.

Additional Regarding My25 Personal Raffle Rules

The above guidelines regarding awards apply to My25 Personal raffle participants and winners, as do the following rules.

My25 Personal raffles are conducted 12 times each year, 1 each calendar month. My25 Personal users are automatically entered into each monthly raffle when they have earned star rewards during that same month and have opted in to participate in My25 Personal monthly raffles when completing or updating their My25 Personal Profile.

Participants must be 18 years of age to participate in a My25 Personal raffle or have the consent of a parent or legal guardian.

My25 Personal star rewards accumulate during each calendar month and there is no carryover; stars expire on the last day of each calendar month at midnight, Central time. Stars begin accumulating at 12:01 am, Central time on the first day of each calendar month. Star rewards may not be transferred or sold.

Raffle winners will be notified in a timely manner following the last day of each month via the email address associated with their My25 Personal account. It is the responsibility of participants to notify Mainstay, Inc./My25 regarding email address changes. Raffle winners must reply to the notification email within 14 days, to include acceptance of the award and a valid United States postal address for receipt of their prize. Minors must include a consent/acceptance statement by a parent or legal guardian. Raffle winners may decline acceptance of a raffle prize in reply to the notification email.

Raffle prize winners are selected at random after fair-weighted consideration has been applied regarding the number of My25 Personal star rewards earned during a calendar month for each participant. Each star constitutes one entry. A participant with ten stars, as an example, constitutes ten entries—which increases their odds of winning. Depending on the number of entrants and the prize, Mainstay, Inc./My25 reserves the right to increase the number of same-prize winners at its sole discretion, without prior notification. The calculation of exact odds at the time of random draw depends on the number of overall entries and the number of prizes awarded in that calendar month.

If you do not agree with these rules regarding My25 Personal raffles, do not opt in to participate in My25 Personal raffles.

Mainstay's Subscription Addendum, Privacy Policy and Legal Notice and Partners & Advertisers Policies are incorporated and herein part of our Terms and Conditions of Use.

If you do not agree with these Terms & Conditions of Use, it is expected that you will not Subscribe to, or utilize, My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software.

MAINSTAY'S SUBSCRIPTION ADDENDUM

REFERS TO: MAINSTAY, INC. MY25 RESOURCES SUBSCRIPTION AGREEMENT; MY25 SUBSCRIPTION CONFIRMATION & ACTIVATION FORM; MAINSTAY MEDIA PARTNERSHIP SUBSCRIPTION AGREEMENT; or any subscribing organization's Contract for Mainstay services that Mainstay enters into. Please note: Mainstay, Inc. is the name of our company and "My25" represents a variety of Mainstay-branded products that will include new additions over time.

This Mainstay, Inc. My25 Resources Subscription Addendum (“Addendum”) provides additional terms and conditions relating to the Mainstay, Inc. My25 Resources Subscription Agreement ("Agreement"); My25 Subscription Confirmation & Activation Form ("Form"); Mainstay Media Partnership Subscription Agreement ("Agreement"); or any subscribing entity's Contract for Mainstay services that Mainstay enters into ("Contract")—all of which shall be binding on Subscriber or Partner (sometimes referred to as "party" or "parties") and Mainstay (sometimes referred to as "party") and which are hereby incorporated into the Mainstay My25 Resources Subscription Agreement (“Agreement”); My25 Subscription Confirmation & Activation Form ("Form"); Mainstay Media Partnership Subscription Agreement ("Agreement"); or any subscribing organization's Contract for Mainstay services ("Contract") between Mainstay and Subscriber or Partner.

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, Sign Up or Contract 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 My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software, and all intellectual property rights embodied therein, including copyrights and valuable trade secrets incorporated in the My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software design and methodology. My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software are protected by United States and international copyright laws and international treaty provisions. Any Agreement, Form, Sign Up or Contract does not grant any Subscriber or Partner ownership or intellectual property rights in My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software. Upon expiration of the Term or termination of your Subscription or Partnership, you will not have the right to continue using My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software and you agree to promptly remove all copies of My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software from your systems.

In the event that Subscriber and/or its constituents provide content and/or photos/images for inclusion in My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software, Subscriber and/or its constituents are bound by law to only share original works and not violate any copyright laws or outside ownership status. In the event that Subscriber and/or its constituents violate any copyright laws or ownership status, Mainstay, Inc. will hold Subscriber responsible for such violation.

3. Inclusion. Products and/or services added at a later date to any signed Agreement, Form, Sign Up or Contract are considered part and parcel of the Agreement or Contract, with all binding terms intact, unless Subscriber or Partner indicates otherwise in writing, requesting a separate Agreement or Contract.

4. Discontinuation. Mainstay may terminate Agreement, Form, Sign Up or Contract at any time in the event Mainstay no longer provides My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software, in which case Mainstay may refund any prepaid fees, starting with the 1st day of the second following month from date of discontinuation notification. In the event that Subscriber or Partner discontinues subscription to any Mainstay product or service, Subscriber or Partner is responsible for adhering to all discontinuation and terminatiion obligations as outlined in the Subscription Addendeum and Terms & Conditions of Use in any and all cases, without exception. In the event that Subscriber or Partner does not adhere to all discontinuation and termination obligations as outlined in the Subscription Addendum and Terms & Conditions of Use, Subscriber or Partner is responsible for all Mainstay fees associated with collection and legal action. Subscriber or Partner may discontinue subscription to any Mainstay product or service by providing written notification to: Mainstay, Inc./My25 1001 Green Bay Road #195 Winnetka IL 60093. Due to the custom nature of Mainstay products and services, discontinuation is effective in 90 days, commencing on the first day of the month following receipt of the discontinuation notice (Discontinuation Period) if all balances are up to date and at least 180 days has passed since Subscription Start Date. If outstanding balances are not up to date, the Discontinuation Period commences following resolution of current balances on the first day of the following month. Subscription fees due during the Discontinuation Period are based on the previous month's subscription fees.

5. Export Restrictions. You agree that you will not permit use or export, directly or indirectly, re-export, divert, compile or transfer My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software in violation of any applicable export control law or regulation, including without limitation, the U.S. Export Administration Regulations ("Export Controls").

6. Non-Exclusive Use. Mainstay furnishes products and services to you under Agreement, Form, Sign-Up or Contract 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.

7. Proprietary Code. Subscriber or Partner is responsible for maintaining the confidentiality of any proprietary User or Activation Code related to My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software, 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.

8. Notices. All notices required or permitted under Agreement, Form, Sign Up or Contract 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. Notices to Subscriber shall be sent to the address Mainstay has on record.

9. Severability. Each term of this Addendum and Agreement, Form, Sign Up or Contract 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, Sign Up or Contract.

10. Entire Agreement. The Agreement, Form, Sign Up, or Contract together with this Addendum and Mainstay's Privacy Policy and Legal Notice and Terms and Conditions, constitute the complete agreement between the parties concerning this subject, and supersedes all earlier oral and written communications between the parties with respect to this subject.

11. Assignment. There is automatic assignment binding either party regarding Agreement, Form, Sign Up or Contract and any of their affiliates or to successors by merger or to the transferee of substantially all of its stock, assets, or interests. 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, Sign Up or Contract by reason of any such assignment or delegation. Agreement, Form, Sign Up or Contract shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.

12. DISCLAIMERS OF WARRANTIES.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software AND THEIR CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, ALL RECIPES, MENUS, SUBSTITUTIONS LISTS, COOKING METHODS AND HEALTH GUIDANCE) and any TANGILBE OR MONETARY GIFTS, PRIZES AND GIVEAWAYS 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 EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software OR ANY FUNCTION CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software OR THE SERVERS THAT MAKE THE WEBSITE, PORTALS, PINPOINT SOFTWARE, APPS, NOTIFICATIONS/TEXT MESSAGING AND EMAILS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER MAINSTAY NOR ANY OF ITS EMPLOYEES, CONTRACTORS, 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, MENUS, SUBSTITUTIONS LISTS, COOKING METHODS AND HEALTH GUIDANCE) IN My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SAFETY, EFFECTIVNESS OR OTHERWISE.

12. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAINSTAY AND ITS EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS 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 My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network, Pinpoint Software, and gifts, giveaways and prizes in the form of monetary reward or tangible products from third-party vendors; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, ALL RECIPES, MENUS, SUBSTITUTIONS LISTS, COOKING METHODS AND HEALTH GUIDANCE) ON MY25 ELEVATE PORTAL, MY25 SELECT PORTAL, MY25 MAX, MY25 CHOICE, PINPOINT SOFTWARE, MY25 PERSONAL APP AND NOTIFICATIONS/TEXT MESSAGING, MY25 GROCERY, OR ANY SOFTWARE, EMAIL, 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 My25 Content, My25 Resources, My25 Network, Mainstay Property, Mainstay Network and Pinpoint Software. 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.

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