This Agreement applies to your use of the Orderlunches.com (the “Site”) meal ordering and payment solution and any related products and services owned and operated by Order Lunches, LLC (collectively the "Service"). This Agreement affects your rights and should be read carefully. This agreement was last modified on July 1, 2008. 

(1) Terms and Conditions
By using the Service and/or by completing the registration process and clicking on “I Agree to the Terms of Service”, you agree to be bound by these Terms of Service to access and use the Service offered on or provided through the Site (collectively, the Service).

(2) Terms of Service Modifications
Order Lunches LLC reserves the right at any time to change, add or modify the terms and conditions of this Agreement.  Notice of any such changes will be posted on the Site and continued use of the Site thereafter shall be deemed an acceptance and ratification of any such changes by the applicable user.

(3) Modifications to the Site and Pricing Schedules
Order Lunches LLC may in its sole discretion add, delete, modify or amend features of the Site and/or the Service, and fees contained within and charged in connection therewith including, but not limited to, with respect to fees for use, except where obligated by an existing agreement with a school or catering company.

(4) Accuracy of Personal Information
In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself when completing “my profile”; and to maintain true, accurate and current information when updates are required. If you provide any information that is untrue, inaccurate, not current or incomplete, or Order Lunches LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Order Lunches LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Order Lunches LLC takes the safety and privacy of all its users, especially children, very seriously. For this reason, you must and hereby do represent and warrant that you are at least 18 years old and that you are the legal guardian of the child/children for whom the meals, snacks, or other food items described on the Site or other aspects of the Service are ordered. As the legal guardian, it is your sole and exclusive responsibility to determine whether the Food or any other aspects of the Services and/or the Site and its content is appropriate for any such child/children or other children for whom you are the legal guardian.

(5) Food Ordering Through the Site
You acknowledge and agree that you are subscribing to a food plan for your child, consisting of predetermined food items that have been selected by your school. Order Lunches LLC provides the software for your school to post the meal items provided by your school along with payment and distribution management solutions.  As Order Lunches LLC is purely the software provider for the meal items provided by your school, you acknowledge and agree that Order Lunches LLC is not responsible for; the handling, serving, and any and all other activities reasonably related to providing your child’s food items including the food vendors and/or catering companies who supply food to your school.  Order Lunches LLC does not and shall not bear any responsibility or liability for any negligence, mishandling, misuse, or other activities by your child’s school, other school personnel or any other third party in connection with the food and/or meal items that are provided.

(6) General Payment Information:
(a) Order Lunches, LLC is providing the Service to assist schools with online meal payment and distribution management.
(b) You may be required to pay a fee for your use of this Service. If you are required to pay a fee, you will be notified prior to finalizing your payment. You will be notified of the exact amount of the fee(s) prior to making your payment, and you will be allowed to cancel your transaction at no charge if you do not want to pay the fee.
(c) The proceeds of payments collected by Order Lunches, LLC less processing fees (if any) associated with the transaction are paid directly to your school or the food service provider contracted by your school. You agree and understand that use of payments at your student's school is governed exclusively by the arrangement Order Lunches LLC has with the school (either direct or indirect) and we are not responsible for the school or catering company’s handling of Payments once the funds collected by Order Lunches LLC either by credit card, electronic check or personal check payments are distributed.

(7) Credit Card, ACH Payments
Order Lunches LLC shall not process any orders based on incorrect, expired, or over-charged credit cards and/or incorrect or non sufficient funds for ACH payments. However, in the event such an order is processed, Order Lunches LLC reserves the right to promptly collect, and you hereby agree to promptly pay Order Lunches LLC, all amounts due, payable, or owed by you to Order Lunches LLC. Order Lunches LLC reserves the right to charge a nominal fee of $10 per order in the event you attempt to make a payment by credit card or ACH payment that is declined, necessitating an alternative mode of payment or exception processing. If you fail to pay any fees or charges when due, Order Lunches LLC may charge such amount directly to the credit card identified in your Account Information and Order Lunches LLC may suspend or terminate your access to the Service. You agree that you shall bear sole liability for any fees, including attorneys’ fees and collection costs, that Order Lunches LLC may incur in its efforts to collect any unpaid balances from you. Your right to use the Service is subject to limits established by Order Lunches LLC in its sole discretion and/or by your credit card issuer.

(8) Personal Check Payments
(a) If accepted by your school, personal check payments may be used to purchase meals.  All checks returned from the bank unpaid for any reason will be subject to a $30.00 returned check fee. Additionally, the check maker will be subject to further legal action if the check amount and fee are not paid in full within ten days.
By writing a check to your school or Order Lunches, LLC for payment, you authorize us to withdraw the full amount of the payment from your checking account by standard deposit of your check, or utilizing Electronic Funds Transfer (EFT), if we so choose. In the event a check is returned from the bank unpaid for any reason, and funds are available in your account, we reserve the right to utilize Electronic Funds Transfer (EFT) to withdraw the full amount of the check, plus our $30.00 fee, directly from your account.
(b) For check payment policies and procedures, it is your responsibility to refer to the parent instructions provided by your school or contact your school administrator.
(9) Refunds
(a) If you are not satisfied with any meal or service that is used after purchase with a Payment, you agree to resolve the issue directly with your school. The methods for refunds of goods or services that have already been used are determined solely by each school and you agree to not seek refunds from Order Lunches, LLC or through the Site in this scenario. However, if you would like a refund of any Payment amount for meals that have not been used by your child and you are within the refund period designated by your school, you do have the capability to facilitate this refund request by canceling the meals online at orderlunches.com.
(b) Please note that credits issued by the Site will only be processed within the current school year and will not carry over into the following school year(s). If you cancel meals online within the designated period set by your school and do not plan to store your credit for future use and would like your money returned via check or credit card refund, you will need to contact Order Lunches, LLC by sending an email to support@orderlunches.com to request your refund.
(c) If you request a refund as stipulated in section 9, paragraph b in this agreement and orderlunches.com has transmitted the funds to your school or food service provider contracted by your school for the meals for which you are requesting a refund, your school or food service provider contracted by your school will be solely responsible for providing the refund. 
(d) Any processing fees associated with your transaction assessed by orderlunches.com are non refundable.

(10) Food Concerns or Issues
If there is a concern or issue with the quality or type of food provided by the food vendor(s) contracted by your school, you understand and agree to contact your school directly to resolve any concerns or issues of this nature.  If refunds are requested by you for meals that have been delivered for consumption, your school and/or school food supplier will need to authorize Order Lunches LLC to process a refund request.

(11) Termination of Services
You may terminate your use of the Service at any time. Order Lunches LLC may also, at any time, with or without notice discontinue providing use of this Service for any reason and at any time.  If you engage in any conduct which we, in our sole discretion, consider to be unacceptable, or if you breach this Agreement, or any part thereof, Order Lunches, LLC will discontinue providing use of the Service. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Order Lunches LLC may immediately deactivate or delete your account and/or bar any further access to the Site. Further, you agree that Order Lunches LLC shall not be liable to you or any third-party for any termination of your access to the Site.

(12) Links and Third Party Content Disclaimer
You acknowledge and agree that Order Lunches LLC has no control over any of the third party sites, if any, to which the Site links. Any such links are provided solely as a convenience and Order Lunches LLC makes no representations and offers no warranties as to the nature, scope, quality, purported results, or any and all other items, materials, aspects, or content contained on the linked sites. Order Lunches LLC bears no responsibility and exerts no control for and over the relationship that you have with such third party sites and makes no representations regarding the terms or conditions such sites may impose upon you. Order Lunches LLC reserves the right, at its sole discretion, to feature, describe, and present third party content, software, and materials on the Site, all of which shall be subject to the Terms of Use, and the use of all of which shall be governed and controlled by such third party’s respective Terms and Conditions of Use or equivalent agreement. Any personally identifiable information you provide to any linked sites are collected by that site, and Order Lunches makes no representations or warranties whatsoever regarding the use of any such information by the owners of such sites.

(13) Intellectual Property Rights
Any and all works of authorship, inventions, discoveries, trademarks, service marks, or other intellectual property in connection with the Site, descriptions, and the food items and other products and materials Order Lunches LLC describes on or furnishes through the Site (collectively, “Intellectual Property”) are the sole property of Order Lunches LLC or its third party licensors and are protected to the fullest extent possible by copyright, trademark and other intellectual property laws, and you shall have no right, title, or interest under any such Intellectual Property except as expressly permitted hereunder. You are strictly prohibited from copying, preparing derivative works of, reproducing, retransmitting, distributing, publishing, commercially exploiting, or otherwise transferring any such materials in any format or medium whatsoever. The content and materials furnished and otherwise made available by other Site users and subscribers are provided to you for use solely as expressly permitted herein or on the Site. If you wish to redistribute or use such content and materials in any other manner, you bear sole responsibility to obtain permission from the user or subscriber who posted it and sole liability in connection with any such redistribution or use.

(14) Your Account and Password
You are solely responsible for safeguarding and maintaining the secrecy and confidentiality of your account and related information. Any use of a subscriber account is the sole responsibility of the subscriber including those instances where a party other than the subscriber uses that account. Subscribers should immediately notify Order Lunches LLC of any unauthorized use of a subscriber account. You agree to pay all charges that accrue to your account through your use or the use of those authorized by you.

(15) DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEB SITE IS NOT DESIGNED TO, AND DOES NOT, PROVIDE MEDICAL OR NUTRITIONAL ADVICE. ALL SERVICES PROVIDED THROUGH THIS SITE, ARE PROVIDED TO YOU ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. ORDER LUNCHES LLC DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED BY IT UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ORDER LUNCHES LLC DOES NOT GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES PROVIDED THROUGH THIS SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL MATERIALS. ORDER LUNCHES LLC DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES OFFERED THROUGH THIS SITE.
ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM DOWNLOADING SUCH MATERIAL AND/OR DATA.

ORDER LUNCHES LLC SHALL NOT BE LIABLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES IN ANY EVENT EVEN IF ADVISED BEFOREHAND OF SUCH DAMAGES AND IN NO EVENT SHALL ORDER LUNCHES LLC BE LIABLE FOR SUCH DAMAGES RESULTING FROM THE ACTIONS OR CONDUCT OF ANY ORDER LUNCHES LLC SUBSCRIBER OR USER. ORDER LUNCHES LLC CUSTOMERS RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER.

TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ORDER LUNCHES LLC’s AGGREGATE LIABILITY FOR ANY LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND INCLUDING THAT WHICH MAY BE DUE TO ORDER LUNCHES LLC’ ACTUAL OR ALLEGED NEGLIGENCE, SHALL NOT EXCEED THE TOTAL AMOUNT OF PROCESSING FEES PAID BY YOU TO ORDER LUNCHES, LLC IN CONNECTION WITH THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRIOR TO THE ACT OR OMISSION WHICH ALLEGEDLY CAUSED THE DAMAGE.

ALL INFORMATION, RECIPES, MENU ENTRIES, FOOD, AND PRODUCT DESCRIPTIONS (COLLECTIVELY, “THE DESCRIPTIONS”) AND/OR THIRD PARTY ENDORSEMENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE DESCRIPTIONS SHOULD NOT BE USED AS A THERAPEUTIC MODALITY OR AS A SUBSTITUTE FOR THE ADVICE OF A NUTRITIONIST OR OTHER HEALTHCARE PROFESSIONAL. THE NUTRITIONAL INFORMATION THAT MAY BE PROVIDED FOR IN THE RECIPES, FOODS, AND PRODUCTS ON THE SITE IS BASED ON INDUSTRY STANDARD ANALYSIS. ANY ENDORSEMENT ON THE SITE IN CONNECTION THEREWITH IS INTENDED TO HELP YOU MAKE INFORMED DECISIONS ABOUT YOUR CHILD’S NUTRITION AND DIET AND IS NOT DESIGNED, INTENDED, OR CAPABLE OF REPLACING PERSONALIZED NUTRITION AND HEALTH SERVICES. NO ACTION SHOULD BE TAKEN BASED SOLELY ON THE CONTENT OF THE SITE, REGARDLESS OF PERCEIVED SCIENTIFIC MERIT.

ORDER LUNCHES LLC CANNOT AND DOES NOT GUARANTEE THAT YOUR CHILD SHALL BE FREE FROM ALLERGIC REACTION TO ANY FOOD PROVIDED BY YOUR SCHOOLS FOOD SUPPLIERS AND/OR CATERING COMPANIES, AND YOU SHALL BE SOLELY RESPONSIBLE FOR MONITORING FOR, AND PROTECTING YOUR CHILD AGAINST, ANY SUCH REACTION. ORDER LUNCHES LLC SHALL NOT BE LIABLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE DAMAGES, AND OTHER TYPES OF DAMAGES IN ANY EVENT IN CONNECTION WITH THE FORGOING EVEN IF ADVISED BEFOREHAND OF SUCH ANY ALLERGIES THAT YOUR CHILD MAY HAVE.

(16) PRIVACY
Order Lunches, LLC may collect information about you and your use of the Service. Use and disclosure of such information is governed by our Privacy Policy, which is posted on the Site. By using the Service, you agree to the terms of our Privacy Policy.

(17) INDEMNIFICATION

You agree to defend, indemnify and hold orderlunches.com and Order Lunches, LLC and their affiliates, and any respective officers, employees, agents, members, managers, partners and contractors, harmless from and against all claims, expenses and damages, including reasonable attorneys' fees, arising out of or resulting, directly or indirectly, from any act or omission by you, by the supplier of any food products ordered using the Service, or by the school for which the Services is provided, regardless of whether or not Order Lunches, LLC is contributarily or comparatively negligent.

By using the Site or taking delivery of the food items, you agree to indemnify, defend, and hold Order Lunches LLC and its respective parents, subsidiaries, affiliates and agents, and each of their respective officers, directors, employees, managers, members and partners harmless from and against any claim, demand, action or other proceeding, and all related all losses, liabilities, damages, costs, and expenses, including reasonable attorneys fees, made by any third party or incurred by any of the foregoing due to or arising out of your use of the Site or descriptions, or as a result of any food items ordered using the Site, or as a result of the use of the Site by any party using your account, including but not limited to violation of the Terms of Service or the infringement of any intellectual property or other right of any person or entity.

(18) MISCELLANEOUS TERMS
(a) Entire Agreement; This Agreement, other agreements, policies and any operating rules posted on the Website or provided to you through Orderlunches.com customer support constitute the entire agreement between you and us with respect to your use of the Service, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
(b) Applicable Laws; This Agreement is governed by the laws of the State of California without regard to its conflict of laws provisions.
(c) Waiver; Any waiver of our rights must be in writing and signed by a duly authorized officer of Order Lunches, LLC. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
(d) Content Storage; Order Lunches LLC shall have no responsibility or liability in connection with user or subscriber content, including without limitation any deletion, or the inability or failure to store, such content.
(e) Confidentiality; The Site, Intellectual Property, and any information provided to you by or on behalf of us in connection with this Agreement are our confidential and proprietary information (collectively, Confidential Information). Except to the extent of any Confidential Information that is or becomes publicly available through no fault or breach of this Agreement or the Privacy Policy by you or any third party, you shall maintain the confidentiality of all Confidential Information, shall not disclose or provide access to any Confidential Information to any third party and shall use Confidential information only as permitted under this Agreement.
(f) Severability; If any provision of this Agreement or the application thereof to any Person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.