Updated as of May 24, 2018.
We are MJ Lyco LLC, Inc. and we own and operate the Pantry Manager mobile application (the "Service").
Please read the following important Terms of Service Agreement (the "TOS" or "Agreement") before accessing or using the Service. YOU MAY NOT ACCESS OR USE THE SERVICE UNLESS YOU ARE AT LEAST 16 YEARS OLD. By completing this registration process, you represent that you are 16 years of age or older, and can and will be legally bound by this Agreement. If you are a minor, your parent or guardian must read and accept the terms of this Agreement before you register. You may not participate where prohibited by law or regulation.
We reserve the right to modify or amend this Agreement at any time for any or no reason in our sole discretion. As a user of the Service it is your sole responsibility to keep yourself apprised of any such modifications or amendments. If you object to any terms and conditions of the Agreement or any subsequent modifications or you become dissatisfied with the Service in any way, your only recourse is to: (1) discontinue use of the Service; (2) notify us of your desire to terminate your registration.
You also understand and agree that the Service may include certain communications from us, such as service announcements, administrative messages, and other communications. Receiving these communications is a condition of your use of the Service, and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including, but not limited to, the release of new features, applications and promotional campaigns, will be subject to the TOS. You acknowledge and agree that the Service is provided "AS-IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. Your mobile carrier's standard fees and rates will still apply. You accept responsibility for all charges, including but not limited to any fees associated with syncing your data. In addition, you must provide and are responsible for all equipment necessary to access the Service.
You represent that you are at least 16 years of age and that if you are below the age of 18 that your parent or guardian is completing this registration on your behalf. Furthermore, you represent that you are not a person barred from receiving the Service under the applicable state and/or federal laws of the United States or the laws of the country from which you access the Service. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe in our sole discretion that such information is untrue, inaccurate, not current or incomplete, or otherwise violates the letter or spirit of the TOS, you acknowledge and agree that we may, in its our sole discretion, suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). We reserve the right to suspend or terminate any user or account for any or no reason at any time. You acknowledge and agree that we are not liable for any information lost including but not limited to, images, item data, etc.
You may receive a password and account designation upon completing the Service's registration process. If so, you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. You acknowledge and agree that we are not liable for any loss or damage arising from your failure to comply with the TOS. If a password is required for the Service and you have forgotten yours, use the "Forgot Password" link to get a new one.
You agree not to use the Service to:
You acknowledge and agree that we may or may not pre-screen Content, but that we have the right (but not the obligation) in our sole discretion to pre-screen or screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, we have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree and accept liability associated with the use of any Content, including but not limited to your reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge and agree that you may not rely on any Content on any part of the Service, including without limitation on any message boards or user communications.
You acknowledge and agree that we may access, preserve, and disclose your account information and Content, including without limitation if we are required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with applicable law, subpoenas, court orders, or legal processes; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties or other claims of abuse; (d) respond to your requests for customer service; (e) protect against fraud or for risk management purposes; (f) protect the rights, property, personal safety of us, our users, and the public, including acting in exigent circumstances; or (g) to facilitate an investigation, prevent or take action regarding illegal activities, suspected fraud, or in similar situations involving potential threats to the safety of any person, violations or suspected violations of the TOS or as otherwise required by law. You acknowledge and agree that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge and agree that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by us and/or Content providers who provide Content to the Service. You will not attempt to override or circumvent any of the usage rules embedded into the Service. You acknowledge and agree that any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Although we cannot monitor the conduct of our users on or off the Service, you acknowledge and agree that it is a violation of the TOS for you to use (or allow others to use) any information obtained from the Service in order to harass, abuse, or harm another person, or in order to advertise to, solicit, or sell to any user or person without their his or her written consent.
You agree that you are solely liable and responsible for your interactions with other users. We reserve the right to monitor disputes between you and other users, but we have no obligation to do so.
The Service is for the personal use of individual users only and you may not use it in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become users and may not use the Service for any purpose without our express prior approval. We reserve the right to investigate any suspected Illegal and/or unauthorized uses of the Service, including collecting email addresses or other contact information of users by electronic or other means for the purpose of sending unsolicited email, unsolicited private messages, and unauthorized framing of or linking to the Service, and we will take appropriate legal action at our sole discretion, including without limitation, civil, criminal, and injunctive redress. You acknowledge and agree that it is a violation of the TOS to post, private message, or email to users any solicitations, spam, junk mail or other commercial information or any information that serves to benefit an organization, company, or business of which a user is an agent, member, employee, owner, leader, volunteer, or investor.
You agree to comply with all local and industry rules regarding conduct, acceptable Content and other use of the Service. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
We do not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on the Service, you grant us the following perpetual, assignable, world-wide, royalty free, sub-licensable and non-exclusive license(s), as applicable for the Service: (i) with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service or made available and for any promotional and other commercial purposes by us and our partners or other third parties in our sole discretion, and (ii) with respect to Content you submit or make available for inclusion in areas only accessible by other users selected by you, you grant such other users a perpetual, irrevocable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service or made available and for any other purpose in connection with promotional campaigns run and made available by us in our sole discretion. For the avoidance of doubt, we may continue to use and make available any and all Content and we will continue to have all of the aforementioned rights even if your account is terminated.
YOU AGREE TO INDEMNIFY AND HOLD US AND OUR SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ANY ATTORNEYS' FEES, THAT WE (OR THE OTHER INDEMNITEES) MAY INCUR RESULTING FROM OR ARISING OUT OF YOUR ACTIONS AND/OR ANY INFORMATION OR CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR ACCESS AND USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. YOU FURTHER AGREE TO INDEMNIFY AND HOLD US AND OUR SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ANY ATTORNEYS' FEES, WE (OR THE OTHER INDEMNITEES) MAY INCUR RESULTING FROM OR ARISING OUT OF YOUR USE OR TRANSMISSION OF OTHER USERS INFORMATION OR CONTENT, INCLUDING IN CONNECTION WITH PROMOTIONAL TOOLS AND PROMOTIONAL CAMPAIGNS MADE AVAILABLE BY US.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your I.D.), use of the Service, or access to the Service.
You acknowledge and agree that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message or post that may be sent from or received by an account on the Service, and the maximum space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or through the Service. You acknowledge and agree that we at our sole discretion reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge and agree that we reserve the right to modify these general practices and limits from time to time and without notice to you.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we are not liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that we may, under certain circumstances and without prior notice, immediately terminate your account, any associated other accounts, and access to the Service for any or no reason. Reasons we might terminate include, but are not limited to: (i) breaches or violations of the TOS or other incorporated agreements or guidelines, (ii) requests by law enforcement or other government agencies, (iii) discontinuance or material modification to the Service (or any part thereof), (iv) technical or security issues or problems, and (v) extended periods of inactivity. Termination of your account includes (x) removal of account access to all offerings within the Service available with a password, including but not limited to Content that is password protected, (y) deletion of your password, and (z) barring further use of the Service. Further, you agree that we may make all terminations in our sole discretion and that we will not be liable to you or any third party for any termination of your account, any associated email address or Content, or access to the Service.
The Service may provide, or third parties may provide, links to other websites or resources. We have no control over such sites and resources and you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and we not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss of any sort caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Service and any software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through the Service or by advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or an advertiser, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Software, or content owned by advertisers.
We grant you a personal, non-transferable and non-exclusive right and license to use the object code of our Software on a single computer or device; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, infringe or otherwise transfer or attempt to transfer any rights in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through an interface that we provide for accessing the Service.
YOU ACKNOWLEDGE AND AGREE THAT:
YOU USE THE SERVICE AT YOUR SOLE RISK. WE PROVIDE THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR OTHERS' COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS, DIRECTLY OR INDIRECTLY, FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT CONTROL THE CONDUCT OF THE USERS OF THE SERVICE AND THEREFORE CANNOT BE RESPONSIBLE FOR ANY HARM THEY MAY CAUSE TO THEMSEVLES OR OTHERS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE EXTENT THAT A JUDGMENT IS RENDERED IN A COURT OF COMPETENT JURISDICTION DISREGARDING ONE OR MORE OF THE WARRANTY DISCLAIMER AND LIABILITY LIMITATION COVENANTS CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR THE AMOUNT YOU HAVE PAID FOR VIRTUAL CURRENCY IN THE PAST TWELVE MONTHS.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING WITHOUT LIMITATION RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
OTHER USERS OF THE SERVICE WITH WHOM YOU ASSOCIATE, CONNECT, INTERACT AND/OR SHARE CONTENT COULD USE YOUR CONTENT AND/OR LIKENESS IN A MANNER YOU DISLIKE, DISAPPROVE OF OR OTHERWISE FIND OFFENSIVE. HOWEVER, YOU AGREE NOT TO ASSERT ANY CLAIMS, ACTIONS OR DEMANDS AGAINST US IN CONNECTION WITH SUCH USE OR ACTIVITIES, WHETHER SUCH USE OR ACTIVITIES ARE AUTHORIZED BY THESE TOS OR NOT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE WARRANTY LIMITATIONS MAY NOT APPLY TO YOU.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries of this Agreement.
We own our trademarks and service marks and our other logos and product and service names, and you agree not to display or use them in any manner without our prior permission.
We respect the intellectual property of others and ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, disable and/or terminate the accounts of users whom we believe are or may be infringers and, particularly, repeat infringers of others' intellectual property rights. We reserve the right to terminate or reclaim your account as we feel appropriate (for example, if we believe your username infringes third party's trademark rights).
If you believe your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide us the following information:
Please provide claims of copyright or other intellectual property infringement to us at .
We will consider the information you provide and other information we may obtain, and we may remove any Content that we determine may infringe on your rights, in our sole discretion.
Entire Agreement. This Agreement constitutes our entire agreement relating to Service, superseding any prior agreements regarding the same subject matter. As discussed herein, you also may be subject to additional terms and conditions that may apply when you use or purchase Virtual Currency, certain other services, third-party content or third-party software.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware without regard to the conflicts of laws principles thereof.
Disputes. You agree that any dispute relating in any way to this Agreement or the Service, including without limitation your or third parties' access and/or use thereof, shall de dealt with exclusively by confidential arbitration in or near New Hope, Pennsylvania. To the extent that you have in any manner violated or threatened to violate any of our intellectual property rights or otherwise have caused us commercial herm, we may seek injunctive or other appropriate relief in the state or federal courts of Pennsylvania or, at our election, some other court in which jurisdiction over you would proper. You agree to the exclusive jurisdiction and venue of the Pennsylvania state and federal courts (or such other court as we may elect) for the resolution of any disputes between or involving you and us.
Arbitration under this agreement shall be conducted under the then current rules of the American Arbitration Association; provided that notwithstanding anything to the contrary in any current or future such rules or governing law, the arbitrator shall have no power to vary the terms of the TOS or to award you attorneys' fees. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS shall be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise.
Waiver and Severability of Terms. Our failure or delay to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found to be invalid by an arbitrator or pursuant to the disputes section above a court of competent jurisdiction, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision. The other provisions of the TOS shall remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your account is non-transferable and any rights to your I.D. or account terminate upon your death. Upon our receipt of a copy of a death certificate, your account may be terminated.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Headings. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Assignment. You may not transfer these TOS or any rights or licenses granted hereunder; we may assign these TOS, the Service, or any portion thereof without notice or restriction.
Location of Data. If you are located outside the United States, you acknowledge and agree to having your data transferred to and processed in the United States.
Please report any violations of the TOS to