Updated as of April 20, 2020
Thank you for visiting cupanion.com and using the Fill it Forward application Fill it Forward is a brand of Green Menu Inc. Fill it Forward is a mobile app that helps users record number of reusable items they use and water intake. Fill it Forward helps users understand the impact of their reuse habits on the environment, track their progress toward group or individual goals, and achieve their hydration related health goals. The services offered by Fill it Forward (“Fill it Forward”, “we” or “Company”) include the Fill it Forward mobile applications, and any other features, content, or applications offered from time to time by Fill it Forward (collectively, the “Services”).
Fill it Forward reserves the right, in its sole discretion, to reject, refuse to post or remove any content created by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
Use of the Services is void where prohibited. You do not have to become a registered user to use some of the Services. However, if you do not register, you may be precluded from using certain elements of the Services, such as creating food or recipe, or similar activity where you and other Members can share data.
By using the Services, you represent and warrant that (a) all registration information you submit is true, accurate and complete, and that you will maintain the accuracy of such information; (b) all information that you provide us in using the Services will be true, accurate and complete; (c) your use of the Services does not violate any applicable law or regulation, and (d) you are 13 years of age or older. Your profile may be deleted, your use of the Services suspended and your Membership may be terminated without warning if you provide any information that is untrue, inaccurate or incomplete or we have reasonable grounds to suspect this is the case or that you are under the age of 13.
These Terms & Conditions shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason. Fill it Forward may terminate your Membership at any time, without warning. Even after Membership is terminated, these Terms & Conditions will remain in effect.
While Fill it Forward basic usage is free, you acknowledge that Fill it Forward reserves the right to charge for the Services and to change its fees from time to time in its discretion.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Fill it Forward immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
You can at any time choose to cancel/end your account at your convenience. Please note that uninstalling the mobile application or signing out of your account will not automatically delete your account. To fully delete your account please go through the “Account Settings” Option in the mobile application, “App Settings”, and then delete account.
The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Fill it Forward. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means to send unsolicited email or unauthorized framing of or linking to Fill it Forward. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
By displaying or publishing (“posting”) any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, “Content”) on or through the Services, you hereby grant to Fill it Forward, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on the Fill it Forward servers after you have removed the Content from the Services, and Fill it Forward retains the rights to those copies. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person because of any Content posted by you to or through the Services. The Services contain Content of Fill it Forward (“Fill it Forward Content”). Fill it Forward Content is protected by copyright, trademark, patent, trade secret and other laws, and Fill it Forward owns and retains all rights in the Fill it Forward Content and the Services. The Services contain Content of Users and other Fill it Forward licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.
Fill it Forward may delete any Content that in the sole judgment of Fill it Forward violates these Terms & Conditions or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Fill it Forward assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time Fill it Forward chooses, in its sole discretion, to monitor the Services, Fill it Forward nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. Fill it Forward does not endorse and has no control over the Content. Content is not necessarily reviewed by Fill it Forward before posting and does not necessarily reflect the opinions or policies of Fill it Forward. Fill it Forward makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. You understand that by using the Services, you may be exposed to Content that is offensive or objectionable. Under no circumstances will we be liable in any way for any Content (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted to or through the Services.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. Fill it Forward reserves the right to investigate and take appropriate legal action against anyone who, in Fill it Forward’s sole discretion, violates this provision, including without limitation, removing any offending content from the Services and terminating the Membership of such violators. Prohibited Content and activity includes, but is not limited to Content that, in the sole discretion of Fill it Forward:
The following is a partial list of the kind of activity that is illegal or prohibited on Fill it Forward Services. Fill it Forward reserves the right to investigate and take appropriate legal action against anyone who, in Fill it Forward’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Fill it Forward to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Fill it Forward by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Fill it Forward’s Copyright Agent for notice of claims of copyright infringement can be contacted at email@example.com.
You are solely responsible for your interactions with other Fill it Forward Members. Fill it Forward reserves the right but has no obligation, to monitor disputes between you and other Members.
In case of any question regarding how the Service works, you can contact Fill it Forward customer support at Our customer support team can solely help you find how our Service works and relay any potential technical difficulty to our technology and software development team to fix the issue and they are not responsible for responding to any medical or health-related question.
Fill it Forward and its Services provide hydration information and are intended only to assist users with their health efforts. Fill it Forward is not a medical organization and we cannot give you medical advice or diagnosis. Nothing contained in the Fill it Forward Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
Fill it Forward is not responsible for any incorrect or inaccurate Content posted on or in connection with the Services, whether caused by Fill it Forward, Users of the Services or by any of the equipment or programming associated with or utilized in the Services. The Services may contain links to other websites. Fill it Forward is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Fill it Forward. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by Fill it Forward. When you access these third-party sites, you do so at your own risk. Fill it Forward takes no responsibility for third party advertisements which are posted on or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Fill it Forward is not responsible for the conduct, whether online or offline, of any User of the Services. Fill it Forward assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Fill it Forward is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or any of the Services or combination thereof, including any injury or damage to Users or any person’s electronic devices related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Fill it Forward be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a Fill it Forward event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided “AS-IS” and as available and Fill it Forward expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Fill it Forward cannot guarantee and does not promise any specific results from use of the Services.
IN NO EVENT SHALL FILL IT FORWARD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF FILL IT FORWARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FILL IT FORWARD’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FILL IT FORWARD FOR THE FILL IT FORWARD SERVICES DURING THE TERM OF MEMBERSHIP.
These Terms & Conditions and any dispute about or involving the Services shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to conflict of law provisions. You agree that any action at law or in equity arising out of or relating to your use of the Services or these Terms & Conditions shall be filed only in the provincial or federal courts located in Ontario, Canada and you hereby consent and submit to the personal jurisdiction of such courts to litigate any such action, provided that the foregoing shall not prevent Fill it Forward from seeking injunctive relief in a court of competent jurisdiction.
You agree to indemnify and hold Fill it Forward, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of these Terms & Conditions and/or arising from a breach of these Terms & Conditions and/or any breach of your representations and warranties set forth above and/or if any Content that you post on or through the Services causes Fill it Forward to be liable to another.
These Terms & Conditions are accepted upon your use of the Services and is further affirmed by you becoming a Member. These Terms & Conditions constitute the entire agreement between you and Fill it Forward regarding the use of the Services. The failure of Fill it Forward to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms & Conditions are for convenience only and have no legal or contractual effect. These Terms & Conditions operate to the fullest extent permissible by law. If any provision of these Terms & Conditions is unlawful, void or unenforceable, that provision is deemed severable from these Terms & Conditions and does not affect the validity and enforceability of any remaining provisions.
Please note that Fill it Forward reserves the right to change any of these terms of service at any time, without any notice. We encourage you to check back here periodically to ensure that you remain informed on the specifics of these terms of service.
Please contact us at firstname.lastname@example.org with any questions regarding these Terms & Conditions.
I HAVE READ THESE TERMS & CONDITIONS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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