Terms of Service (August 2008)
Welcome to the Healthy Lunch & Lifestyle Project (HELP) and our website www.helpshasta.com (the “Site”). Use of the Site and our products and services is contingent upon your acceptance of and compliance with these Terms of Service (“Terms of Service”) and our Privacy Policy (“Privacy Policy”).
These Terms of Service constitute a valid and binding agreement between HELP, (“HELP,” “us,” “we”) and you (“you,” “your,” “Subscriber”). If you have any questions about these Terms of Service, please send us an e-mail at info@helpshasta.com or call us at 530/262-4484.
The Site is owned and operated by HELP. The Site does not provide any medical advice. Nothing stated or presented on the Site, or any link provided by the Site, is intended to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified healthcare provider if you have any questions regarding your diet, nutrition, a medical condition, exercise, etc.
IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, WE DO NOT GRANT YOU ANY LICENSE OR USE RIGHTS HEREUNDER.
1. Acceptance of Terms of Service.
By using the Site and/or Services, you agree to be bound by these Terms of Service in your access to and use of the Site, and in connection with any and all products or Services offered on, purchased by you or otherwise provided through the Site (collectively, the “Service”).
2. Modifications.
a. Terms of Service. HELP hereby reserves the right to change these Terms of Service in its sole discretion. Notice of any such changes will be posted on the Site, and HELP will send you an email alerting you to such changes. Your continued use of the Site and/or Service thereafter shall be deemed your acceptance and ratification of any such changes to the Terms of Service.
b. Site and Pricing Schedules.
HELP 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. Notice of any such changes will be posted on the Site and HELP will send you an email alerting you to such changes. Your continued use of the Site and/or the Service thereafter shall be deemed your acceptance and ratification of any such changes to the Site and/or the Service.
3. Registration; Your Account and Password; Order History; Monitoring
a. Registration. In consideration of your use of the Site and Service, you agree to: (i) provide true, accurate, current and complete information about yourself in responding to and completing the registration form; and (ii) keep the registration information true, accurate, current and complete by maintaining and updating when necessary (all the foregoing, collectively, “Account Information”). You acknowledge and agree that you are solely responsible for the accuracy of your Account Information provided to HELP. If you provide any Account Information or other information that is untrue, inaccurate, not current or incomplete, or HELP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HELP has the right to suspend or terminate your account, refuse any and all current or future use of the Service (or any portion thereof), and take any other action it deems necessary under applicable law. You acknowledge and agree that HELP will rely upon your Account Information in providing the Service.
HELP 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 parent/legal guardian of the child/children for whom the meals, snacks, or other food items described on the Site or on printed menus (collectively, “Food”) or other aspects of the Service are ordered. As the parent/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 child/children for whom you are the legal guardian.
HELP cannot and does not guarantee that your child shall be free from allergic reaction to any Food items selected by you and provided by HELP, and you shall be solely responsible for monitoring for, and protecting your child against, any such reactions.
4. Ordering.
You acknowledge and agree that you are subscribing to a Food Plan for your child, consisting of predetermined Food items. We strive to suit the individual needs of your child; however, you acknowledge and agree that the Food menu cannot be modified to suit all the individual needs of your child.
5. Availability.
From time to time certain Food items may be unavailable due to, among other things, conditions beyond HELP’s control. In such event, HELP reserves the right to provide an alternate Food item to fulfill your order. We will select any alternate Food item to fulfill your order based on your Order History.
6. Delivery and Storage of Product.
To receive delivery of Food items under your Food Plan, your child's school or camp must have agreed to participate in the HELP Program. Our delivery personnel will deliver Food items to a designated place at your child’s school or camp, and the school or camp will allow your child to pick up the Food items.
HELP uses coolers in an effort to maintain the quality and integrity of Food items during delivery. HELP is not and shall not be responsible in any way for ensuring that your child’s school or camp maintains the integrity, quality or other aspect of such Food items after delivery by HELP.
FOLLOWING DELIVERY BY HELP, THE HANDLING, SERVING, AND ANY AND ALL OTHER ACTIVITIES REASONABLY RELATED TO PROVIDING YOUR CHILD’S FOOD ITEMS TO YOUR CHILD, ARE THE SOLE RESPONSIBILITY OF YOUR CHILD'S SCHOOL OR CAMP, AND HELP DOES NOT AND SHALL NOT BEAR ANY RESPONSIBILITY OR LIABILITY FOR ANY NEGLIGENCE, MISHANDLING, MISUSE OF YOUR CHILD’S FOOD ITEMS, OR OTHER ACTION OR INACTION BY YOUR CHILD'S SCHOOL'S OR CAMP’S OR SUCH OTHER SCHOOL’S OR CAMP’S PERSONNEL OR ANY OTHER THIRD PARTY IN CONNECTION THEREWITH.
In the case unforeseen delivery impediments such as adverse weather conditions, HELP may adjust its delivery schedule, which may impact its ability to deliver your child's lunch. In the event that such delivery schedule adjustments will result in significant or material delay, a HELP customer service representative will, to the extent reasonably practicable, notify you by email and phone prior to delivering Food items pursuant to the adjusted schedule. HELP will use reasonable efforts to resume scheduled delivery as soon as conditions permit.
7. Payment; Refunds.
a. Direct Subscriber Payments. HELP accepts cash, checks, and money orders; we are unable to apply manufacturer’s coupons, food stamps, or any other payment method not listed above. HELP may charge a fee of $15 per check returned for non sufficient funds.
b. Third Party Payments. If you are making payment for your Food Plan through your child’s school, or camp, or PTA, PTO or other third party organization (“Organization”), you are agreeing to pay that Organization the amount it has specified to you. If you fail to pay any fees or charges when due, and HELP is so notified by the Organization that you have not paid the required fees or charges, then HELP may, in its sole discretion, suspend or terminate your Service and/or your access to the Site. You agree that you shall bear sole liability for any fees, including attorneys' fees and collection costs, that your school, camp, or Organization may incur in its efforts to collect any unpaid balances from you. HELP shall have no liability to third parties for any unpaid Subscriber charges owed to any Organization.
c. School, Camp and/or Organization Payments. Schools, camps and/or Organizations should contact HELP at info@helpshasta.com or 530.262.4484 to arrange payment for the Service.
d. Refunds. For Direct Subscriber Payees, full refunds will be issued for cancellations that occur at least 10 days prior to the date of delivery. Refunds will be issued in the form of a check and mailed to your address of record. For Third Party Payees, refunds are subject to the policies of the school, camp, PTA, PTO or other third party organization through which you are paying. In the case that refunds are allowed by such an organization, they shall be granted only on cancellations that occur at least 10 days prior to the date of delivery.
Refunds will not be issued for either Direct Subscriber Payees or Third Party Payees in the case of unforeseen changes in the schedules of your child or your child’s school or camp which occur within 10 days of the date of delivery. These include sick days, school cancellation due to adverse weather conditions, unforeseen changes in school schedule or delivery site, and other such events.
HELP RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR SERVICES PROVIDED BY HELP. ANY SUCH CHANGES WILL BECOME EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING ON THE SITE AND/OR WRITTEN NOTIFICATION TO SUBSCRIBERS. HELP MAY, AT ITS OPTION, PROVIDE NOTICE OF SUCH CHANGES VIA EMAIL.
YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. YOU AGREE AND ACKNOWLEDGE THAT HELP SHALL NOT BE RESPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS THAT REMAIN UNADDRESSED PAST THE 60th DAY OF SUCH OCCURRENCE OR LACK THEREOF.
For questions about payment, requests for refunds or other customer service issues, email info@helpshasta.com or call 530/262-4484.
8. Termination of Services.
You may terminate your use of the Site and the Service at any time without prior notice. HELP may also, in its sole discretion, at any time discontinue providing certain Food items or any part thereof, with or without advance notice. You agree that any termination of your access to the Site under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Green Bag Lunch, in addition to any other legal or equitable remedies, may immediately deactivate or delete your account and/or bar any further access to the Site. Further, you agree that HELP shall not be liable to you or any third-party for any termination of your access to the Site/Service as provided in these Terms of Service.
9. Links and Third Party Content Disclaimer.
You acknowledge and agree that HELP has no control over any of the third party web sites, if any, to which the Site links. Any such links are provided solely as a convenience and HELP 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. HELP 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. HELP 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 these Terms of Service, and the use of all of which shall be governed and controlled by such third party's respective Terms of Service, Terms of Use or equivalent agreement.
10. 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 HELP describes on or furnishes through the Site and/or printed documents (collectively, “Intellectual Property”) are the sole property of HELP 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, re-transmitting, distributing, publishing, commercially exploiting, or otherwise transferring any such materials in any format or medium whatsoever. If you believe your intellectual property is being improperly used on the Site, please contact us at info@helpshasta.com. Please include the words “Intellectual Property Use” in the subject header of your email.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
NEITHER HELP NOR THE SITE IS DESIGNED TO, AND DOES NOT, PROVIDE MEDICAL ADVICE. ALL SERVICES PROVIDED BY HELP AND THROUGH THE SITE, ARE PROVIDED TO YOU ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. HELP DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED BY IT THROUGH THE SITE AND/OR PRINTED MATERIALS AND UNDER THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HELP DOES NOT GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES PROVIDED THROUGH THE SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL MATERIALS.
ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE 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.
HELP 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 HELP BE LIABLE FOR SUCH DAMAGES RESULTING FROM THE ACTIONS OR CONDUCT OF ANY HELP SUBSCRIBER OR USER. HELP 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, HELP’S AGGREGATE LIABILITY FOR ANY LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND INCLUDING THAT WHICH MAY BE DUE TO HELP’S ACTUAL OR ALLEGED GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SHALL NOT EXCEED THE AMOUNT OF ALL MONIES PAID BY YOU TO HELP IN CONNECTION WITH THE SERVICES OFFERED THROUGH THE SITE AND/OR ELSEWHERE AND UNDER THESE TERMS OF SERVICE.
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 PROVIDED FOR IN THE RECIPES, FOODS, AND PRODUCTS ON THE SITE AND IN PRINTED MENUS IS BASED ON INDUSTRY STANDARD ANALYSIS. ANY ENDORSEMENT 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 OR OTHER PRINTED MATERIALS, REGARDLESS OF PERCEIVED SCIENTIFIC MERIT.
HELP CANNOT AND DOES NOT GUARANTEE THAT YOUR CHILD SHALL BE FREE FROM ALLERGIC REACTION TO ANY FOOD ITEMS SELECTED BY YOU AND PROVIDED BY HELP, AND YOU SHALL BE SOLELY RESPONSIBLE FOR MONITORING FOR, AND PROTECTING YOUR CHILD AGAINST, ANY SUCH REACTIONS. HELP 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.
12. Hold Harmless and Indemnification.
By using the Site, Service or taking delivery of the Food items, you agree to indemnify, defend, and hold HELP and its respective partners, parents, subsidiaries, affiliates, employees, contractors and agents, and each of their respective officers, directors, employees and third party providers 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, Descriptions, or the Food items, or the use of the Site by any party using your account, including but not limited to violation of these Terms of Service or the infringement of any intellectual property or other right of any person or entity.
13. Choice of Law/Forum.
These Terms of Service shall be governed by the laws of the State of
14. 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 these Terms of Service 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.
15. Entire Agreement.
It is hereby acknowledged that these Terms of Service and the Privacy Policy constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.
16. Surviving Provisions.
The provisions of Sections 4-16 these Terms of Service shall survive any termination of these Terms of Service.
Copyright . Healthy Lunch & Lifestyle Project, Inc. All rights reserved. Terms of Service
