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Copyright © 2024 Prospre Nutrition Inc.
Copyright © 2024 Prospre Nutrition Inc.
Subject to your ("Licensee") full compliance with all of the terms and conditions of this API Agreement ("Agreement") Prospre Nutrition Inc. ("Prospre") grants Licensee a non-exclusive, revocable, nonsublicensable, nontransferable license to download and use the Prospre Meal Plan application program interface and other materials provided by Prospre (collectively, "API") to develop, reproduce, display and distribute applications, websites and/or services (collectively “Applications”) that interoperate with Prospre’s Meal Plan API service. When providing these meal plans in applications, Licensee must include the following disclaimer in their end user license agreement: MEAL PLANS ARE ONLY TO BE USED AT YOUR SOLE RISK. THERE ARE NO GUARANTEES GIVEN THAT THEY WILL COMPLY WITH YOUR DIETARY REQUIREMENTS, WILL PROVIDE DESIRED RESULTS, OR WILL OTHERWISE BE HEALTHY TO FOLLOW. THE MEAL PLANS SHOULD NOT BE CONSIDERED MEDICAL ADVICE. ALWAYS CONSULT A MEDICAL PROFESSIONAL BEFORE MAKING CHANGES TO YOUR DIET. PROSPRE MAKES NO GUARANTEES OF CORRECTNESS OR ACCURACY OF THE NUTRITIONAL INFORMATION PROVIDED IN ITS MEAL PLANS.
Prospre gives absolutely no guarantees that any of the nutritional information in their databases is either correct or accurate. The Licensee must ensure that any Applications using the API have language in their terms of service to reflect the possibility of data inaccuracy or incorrectness.
None of the information provided by the API is medical advice. Under no circumstances should any information provided by the API be construed as medical advice to any end users of any Applications making use of the API.
Prospre makes absolutely no guarantees that any meal plans or other material produced by the API will comply with the user’s dietary restrictions. These dietary restrictions include allergies, diet types, nutrition goals, preferences, and any other restrictions to their diet. The Licensee must inform the end user that any use of the meal plans and other materials provided by the API are to be used at their sole risk.
THE API IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, PROSPRE AND ITS VENDORS EACH DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE API, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, PROSPRE DISCLAIMS ANY WARRANTY THAT LICENSEE'S USE OF THE API WILL BE UNINTERRUPTED OR ERROR FREE.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT WILL EITHER PARTY OR ITS VENDORS, BE LIABLE TO THE PARTY OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE API, EVEN IF PROSPRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IN ADDITION, PROSPRE DISCLAIMS ALL LIABILITY OF ANY KIND OF PROSPRE'S VENDORS.
Unless specified herein, Licensee agrees that Prospre shall have no liability whatsoever for any use Licensee makes of the API. Licensee shall indemnify and hold harmless Prospre from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fees) arising from Licensee's use of the API. If a third party makes a claim against Licensee asserting infringement of a patent, copyright, trade secret, or similar right related to Prospre’s goods provided under this Agreement, Prospre shall defend at its expense, indemnify and hold harmless Licensee against all loss, cost, expense, and liability arising out of such claim whether or not such claim is successful.
This agreement does not entitle the Licensee to any support from Prospre, unless otherwise agreed upon in writing.
Unless otherwise agreed upon in writing, caching of Prospre API data is strictly prohibited on all API plans. Prohibited caching attributes include, but are not limited to, meal plans, grocery lists, item names, brand names, Prospre IDs, and recipes.
Unless otherwise agreed upon in writing, any interface which displays Prospre data must contain "Powered by Prospre" attribution, and include a link to prospre.io.
Prospre reserves the right, in its sole discretion, to modify this Agreement at any time by posting a new version of the Agreement to www.prospre.io. You shall be responsible for reviewing and becoming familiar with any such modification. Such modifications are effective upon first posting or notification and use of the API by Licensee following any such notification constitutes Licensee’s acceptance of the terms and conditions of this Agreement as modified.
This Agreement shall continue until terminated as set forth in this Section. Either party may terminate this Agreement at any time, for any reason, or for no reason including, but not limited to, if Licensee violates any provision of this Agreement. Any termination of this Agreement shall also terminate the license granted hereunder.