TERMS OF USE

TERMS OF USE

Effective Date: January 1, 2019

IMPORTANT: READ THESE TERMS BEFORE ACCESSING OR USING THE SERVICES

These Terms of Use (Terms) govern your access or use of the www.MealManage.com, the MealManage website, POS platform, and their contents and services (the Services). As such, the Services are evolving. In the future, these Terms may be amended or modified to cover additional Services.

Binding Contract 

By accessing and using the Services, you are agreeing to be contractually bound by these Terms. If you do not agree to these Terms, then do not access or use the Services. For any reason and at any time, MealManage may modify, amend or supplement these Terms or terminate your access to or use of the Services. Should these Terms be modified, amended or supplemented, then your continued access or use of the Services as of the date these Terms are last updated constitutes your consent to be bound by the modified, amended or supplemented Terms.

Services 

MealManage is a digital platform where a Client or Participant or Member, or an Entity (collectively, Client) participates in Meal Program, including, but not limited to, meals (e.g. school meals) working with MealManage: anytime, anywhere, MealManage or its owners, managers, employees, agents (collectively “MealManage”).

Clients can manage Free and reduced applications, Publish Menus, received orders, Payments and view reports (use other functionality as needed). Client makes payment for platform through the Services, via the Stripe API. Clients must set up a Stripe account in order to enable payment to them through the Services, via the Stripe API. All caterers are Third Party Providers who use the Services to create and maintain profiles that allow them to offer meals to Clients.

Independent Contractors

Caterers understands that the relationship Caterers has with MealManage and use of the Services is that of an independent contractor at all times and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and/or of any kind between the parties hereto. Caterers are not employees of MealManage. Instructors do not have any entitlements, nor do they receive any benefits whatsoever, including but not limited to health/dental insurance, life insurance, retirement, or vacation days. Caterers are responsible for their own personal and business taxes at all times and for their own profits and losses. Instructors expressly consent to carry and maintain professional liability Insurance and are responsible for all claims against the services and content offered.

License

So long as your access and use of the Services complies with these Terms, MealManage grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to access and use the Applications and their contents on your personal device. All rights not expressly granted herein are reserved by MealManage. You will not: (a) modify, copy or create any derivative works based on the Services; (b) reverse engineer or decompile any portion of the Services, including but not limited to, any software utilized by MealManage in the provision of the Services; (c) access or use (or allow a third party to access or use) the Services for competitive analysis or to build any competing products or services; (d) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise make the Services available to any third party, other than to yourself, (e) copy any functions, integrations, features, interfaces or graphics of the Services; or (f) otherwise use or exploit the Services in any manner not expressly permitted by these Terms of Use.

Accounts

In order to use the Services, and for security and identity verification purposes, you must set up and maintain an account (Account) via an email account. In order to continue using the Services, you must maintain the same email you used to set up your Account. Otherwise, you will be denied access to or use of the Services. You must be at least 18 years of age to obtain an Account. Additionally, in order to complete a Services transaction, you must submit to MealManage certain personal information, such as your name, address, phone number, photo. When you create an account, you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. You must provide true and accurate information. Providing us with false information may result in the termination of your Account.

With your permission, we may give other websites or services the ability to verify information about your Account or perform actions on your behalf.

As a Client, you will need to set up a Stripe payment account through the Services, via the Stripe API, in order to get paid. As a Client, you will make payment thru the Services via valid credit card you enter into Stripe, via the Stripe API, in order to order meals. You agree to maintain accurate, complete, and up-to-date information in your Account. Failure to do so may result in your inability to access and use the Services, or MealManage’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security of your Account at all times.

We can terminate or suspend your Account at any time at our discretion without a cause. We can also cancel any membership subscriptions and remove any descriptions, posts or benefits at our discretion without reimbursement for remaining billing period. You may not bring a claim against us for suspending or terminating account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorney’s fees and costs. These terms remain in effect even if you no longer have an account.

Conduct

Persons under the age of 18 may not use the Services unless supervised by parents or guardians. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. Your use of the Services must not cause nuisance, annoyance, inconvenience, or property damage to any person or third party whatsoever. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity.

Ownership

The Services and all rights therein are and remain the property of MealManage or its licensors. You are not granted or conveyed any rights by way of these Terms or by way of your use of the Services except for the limited license granted above. You may not otherwise use the apps, MealManage website, MealManage trademarks, MealManage copyright, or the trademarks of MealManage or its licensors.

Third Parties

The Services may be made available for access or use in connection with third party services and content (including advertising) that MealManage does not control. Separate terms of use and privacy policies may apply to your use of such third-party services and content. Under no circumstances does MealManage endorse such third-party services and content. In no event shall MealManage be responsible or liable for any products or services of such third-party providers. If you access the Services using Applications developed for Apple iOS, Android, or Microsoft Windows-powered mobile devices, then you acknowledge that Apple Inc., Google, Inc., or Microsoft Corporation, respectively, will be a third-party beneficiary to this contract. These third-party beneficiaries are not responsible for the provision or support of the Services as they are not parties to this contract, although your access of the Services using these third-party beneficiary devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.

General Restrictions

You may not: (i) transfer, transmit, stream, sell, resell, distribute, reproduce, lease, license, modify, broadcast, create derivative works based upon, publicly perform, publicly display, or otherwise exploit the Services except as expressly permitted by MealManage; (ii) remove any trademark, copyright or other proprietary identifiers from any portion of the Services; (iii) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; (iv) disassemble, decompile, or reverse engineer the Services; (v) link to, frame or mirror any portion of the Services; (vi) cause or launch any scripts or programs in order to survey, scrape, index, or otherwise data mine any portion of the Services; or (vii) cause or launch any scripts or programs for purposes of burdening or hindering the operation and/or functionality of the Services.

Geographical Restrictions

We must comply with the economic sanctions and trade restrictions of all of the countries we operate in. These restrictions generally prohibit transactions involving:

In order to protect our community, we take steps to ensure compliance with these regulations including, but not limited to:

  • We prohibit access to Services while in certain geographic locations.
  • Instructors and Content Providers are generally not allowed to offer benefits that originate from sanctioned areas.
  • We may request additional information from you, or ask you to take other steps to help us meet compliance obligations.
  • If we have reason to believe you are operating your account from a sanctioned location, such as any of the places listed above, or are otherwise in violation of any economic sanction or trade restriction, we may suspend, terminate or take other action on your account.
  • You are also prohibited from using MealManage for the benefit of any organization, entity or person identified on a sanctions list.

Network Access and Devices

You must obtain data network access necessary to use the Services. If you access or use the Services from a wireless-enabled device, be aware that data and messaging rates and fees from your mobile network may apply. To access and use the Services and Applications and any updates to them, you are responsible for acquiring and updating compatible hardware and devices. The Services are not guaranteed to function on any particular hardware or devices. Additionally, malfunctions and delays inherent in the use of the Internet and electronic communications may affect the Services.

Indemnity

As a User, you agree to indemnify and hold MealManage and its officers, directors, managing members, members, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) MealManage’s use of your User Content; (iii) your breach or violation of any of these Terms; or (iv) your violation of the rights of any third party, including Third-Party Providers.

As a company based in the United States with operations in other countries, we must comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury. This means that MealManage cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies like OFAC.

Consent to Electronic Communications

By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees.

Modifications to these Terms and Other Policies/Guidelines

We reserve the right to modify these Terms and/or any other guidelines or policies affecting the Site at any time, and may do so from time to time. Such revisions will become effective upon the earlier of: (i) posting of the revisions to the Site, or (ii) distribution of the revisions by any written contact method we have with you, including by email. For this reason, please visit this page on a regular basis and check the “Last Updated” date at the top of these Terms to ensure you are familiar with the most recent version of these Terms. Your Use of the Site after the effective date of the revisions signifies your acceptance of any such revisions. If you do not agree, you must stop using the Site immediately.

Modifications to Site Features, Design, User Interface, etc.

We may, either partially or in its entirety and without being obligated to provide prior notice, modify, adapt or change the Site and/or any of its Services, features, the user interface and design, the extent and availability of the Content in or on the Site and any other aspect related to the Site. You will have no claim, complaint or demand against us for applying such changes or for failures incidental to such changes.

Assignment

You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations under these Terms, and the assignment of any such rights, benefits or obligations will be binding upon and inure to the benefit of our successors and assigns. Your agreement to these Terms is personal to you as an individual, and so you may not transfer or assign your rights and obligations under this Agreement to any third party without our prior written consent.

Electronic Recordkeeping

A printed version of these Terms and our Privacy Policy and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms and/or our Privacy Policy to the same extent as other business documents and records originally generated and maintained in printed form. In the event of an inconsistency between these Terms and the synopsis of terms, if any, presented to users during software installation, these Terms shall prevail.

Headings

The headings in these Terms are for convenience only and have no legal or contractual effect

Entire Agreement

These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in the Site, including our Privacy Policy; provided, however, these Terms shall prevail in the event of a conflict with any such other documents. Any rights not expressly granted in these Terms are reserved to us. These Terms and our Privacy Policy together constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to Your Use of the Site, our Services and our Content.

Agreement in English

It is the express wish of the parties that this agreement and any and all related documents be stated in English. To the extent any agreement or other document is prepared in a language other than English, and there results a conflict between the English version and the version in the other language, the English version shall govern.

Service Disruptions

Services may become unavailable (i) due to scheduled maintenance notified to Clients and Instructors at least twenty four (24) hours in advance via MealManage status page located at https://www.MealManage.com or other reasonable means; (ii) due to unscheduled maintenance notified to Client and Instructors at least one (1) hour in advance via MealManage status page located at https://www.MealManage.com or other reasonable means; (iii) caused by factors outside of MealManage’ reasonable control, including any force majeure event, Internet access or related problems beyond the demarcation point of MealManage’ servers; (iv) caused by network intrusions or denial of service attacks; (v) caused by any action or inaction of Client or Instructor; (vi) arising from Client’s or Instructor’s equipment, software, or other technology, and/or third party equipment, software and/or technology (other than third party equipment)

DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MEALMANAGE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND MEALS FOR A PARTICULAR PURPOSE. IN ADDITION, MEALMANAGE MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY REGARDING THE QUALITY, TIMELINESS, RELIABILITY, AVAILABILITY, OR SUITABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES. ADDITIONALLY, MEALMANAGE MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MEALMANAGE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

MEALMANAGE SHALL NOT BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING PERSONAL INJURY, LOST DATA, LOST PROFITS, OR PROPERTY DAMAGE, IN CONNECTION WITH, RELATED TO, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF MEALMANAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR INJURY. MEALMANAGE SHALL NOT BE LIABLE FOR ANY LIABILITY, LOSSES, OR DAMAGES ARISING OUT OF: (i) YOUR INABILITY TO ACCESS OR USE THE SERVICES OR YOUR USE OR RELIANCE ON THE SERVICES; OR (ii) ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF MEALMANAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MEALMANAGE SHALL NOT BE LIABLE FOR FAILURE OR DELAY IN PERFORMANCE RESULTING FROM CAUSES BEYOND MEALMANAGE’S REASONABLE CONTROL. MEALMANAGE’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, INJURIES, LOSSES AND CAUSES OF ACTION SHALL IN NO EVENT EXCEED THREE HUNDRED U.S. DOLLARS (US $500).

YOU AGREE THAT MEALMANAGE IS NOT RESPONSIBLE OR LIABLE TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THESE LIMITATIONS AND DISCLAIMER DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Arbitration

You agree that any dispute, controversy, or claim arising out of or relating to these Terms or the validity, enforcement, breach, termination, or interpretation thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and MealManage, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and MealManage are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and MealManage otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Arbitration” section will be deemed void. Except as provided in the preceding sentence, this “Arbitration” section will survive any termination of these Terms.

Arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration section. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this Arbitration section. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration. The arbitrator will either be an attorney licensed to practice law in the state of Arizona and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators, or a retired judge. If the parties are unable to agree upon an arbitrator within five (5) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Unless you and MealManage otherwise agree, the arbitration will be conducted in Phoenix, Arizona, USA. If your claim does not exceed $25,000, then the arbitration will be conducted solely on the basis of documents you and MealManage submit to the arbitrator. If your claim exceeds $25,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorney fees and expenses, to the extent provided under applicable law. If MealManage prevails in arbitration, it will be entitled to an award of attorney fees and expenses, to the extent provided under applicable law. Your responsibility to pay any AAA filing, arbitrator or administrative fees will be solely as set forth in the AAA Rules.

Choice of Law

These Terms are governed by and construed in accordance with the laws of the State of Arizona, USA, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.

General

You may not assign these Terms without MealManage’s prior written approval. MealManage may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of MealManage’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, MealManage or any Third-Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. MealManage’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MealManage in writing.

Copyright Infringement

Claims of copyright infringement should be sent to MealManage’s DMCA designated agent.

Notice

Notice by MealManage may be given by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).

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