Welcome to the Health e-Lunch Kids website (www.healthelunchkids.com) (collectively, with any and all successor web sites thereof, the “Site”). Use of the Site and related products and services is contingent upon your acceptance of and compliance with these Terms of Service (“Terms of Service” or “Agreement”) and our Privacy Policy on the Site (“Privacy Policy’). These Terms of Service constitute a valid and binding agreement between Health e-Lunch Kids, Inc., (“Health e-Lunch Kids”; “us’; “we”) and you (“you,” “your”, “Subscriber”). If you have any questions about these Terms of Service, please send us an e-mail at monica@healthelunchkids.com. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, WE DO NOT GRANT YOU ANY LICENSE OR USE RIGHTS HEREUNDER, AND YOU SHOULD EXIT THIS SITE IMMEDIATELY.

1. Acceptance of Terms of Service. By using the Site and/or by completing the registration process and clicking on the “I Agree to the Terms of Service”, you agree to be bound by these Terms of Service in your access to and use of the Site and any products or services offered on or provided through the Site (collectively, the “Service”).
2. Terms of Service Modifications. Health e-Lunch Kids 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 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. Health e-Lunch Kids 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.
4. Registration Accuracy. In consideration of your use of the Site and Service, you agree to: (1) provide true, accurate, current and complete information about yourself in responding to and completing the registration form; and (2) keep the registration information true, accurate, current and complete by maintaining and updating when necessary (all the foregoing, collectively, “Account Information”). If you provide any Account Information or other information that is untrue, inaccurate, not current or incomplete, or Health e-Lunch Kids has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Health e-Lunch Kids 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). Health e-Lunch Kids take 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 (collectively, “Food”) 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. Health e-Lunch Kids and Ordering Through the Site. 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. Schools at which Food items may be available for pickup will be displayed as you proceed through the ordering process.
6. Availability. From time to time certain Food items may be unavailable due to, among other things, conditions beyond Health e-Lunch Kid’s control. In such event, Health e-Lunch Kids reserves the right to provide an alternate Food item to fulfill your order.
7. Delivery and Storage of Product. Health e-Lunch Kids uses cool packs in an effort to maintain the quality and integrity of Food items that we provide hereunder. Health e-Lunch Kids is not and shall not be responsible in any way for assuring that your child’s school or such other school to which we deliver your child’s Food items maintains the integrity, quality or other aspect of such Food items after delivery by Health e-Lunch Kids. THE HANDLING, SERVING, AND ANY AND ALL OTHER ACTIVITIES REASONABLY RELATED TO PROVIDING YOUR CHILD’S FOOD ITEMS, FOLLOWING DELIVERY THEREOF BY Health e-Lunch Kids, ARE THE SOLE RESPONSIBILITY OF YOUR CHILD’S SCHOOL OR THE SCHOOL WHERE SUCH DELIVERY IS MADE, AND Health e-Lunch Kids DOES NOT AND SHALL NOT BEAR ANY RESPONSIBILITY OR LIABILITY FOR ANY NEGLIGENCE, MISHANDLING, MISUSE, OR OTHER ACTIVITIES BY YOUR CHILD’S SCHOOL’S OR SUCH OTHER SCHOOL’S PERSONNEL OR ANY OTHER THIRD PARTY IN CONNECTION THEREWITH.
   
   To receive delivery of Food items, your child’s school must have agreed to participate in the Health e-Lunch Program by executing an agreement with Health e-Lunch Kids to that effect (the “Program Agreement”). As per the Program Agreement, Health e-Lunch Kids’ delivery personnel will deliver Food items where the school designates, and the school will allow your child to pick up the lunch having his/her name on it. For the younger children, the school’s personnel will provide Food items to the children at designated locations within the school.
   
   In the case of adverse weather conditions, or other unforeseen delivery impediments, Health e-Lunch Kids may adjust its delivery schedule, which may impact its ability to deliver your child’s lunch. In the event that such adjustments will result in significant or material delay, a Health e-Lunch Kids customer service representative will, to the extent reasonably practicable, notify you by electronic mail prior to delivering Food items pursuant to the adjusted schedule. Health e-Lunch Kids will use reasonable efforts to resume scheduled delivery as soon as conditions permit.
   
   HEALTH E-LUNCH KIDS 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 HEALTH E-LUNCH KIDS, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING ON THE SITE. HEALTH E-LUNCH KIDS MAY ADDITIONALLY PROVIDE NOTICE OF BILLING 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 HEALTH E-LUNCH KIDS SHALL NOT BE RESPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS THAT REMAIN UNADDRESSED PAST THE 60th DAY OF SUCH OCCURRENCE OR LACK THEREOF.
8. Credit Card Payment. Health e-Lunch Kids shall not process any orders based on or using an incorrect, expired, or over-charged credit card. A Health e-Lunch Kids customer service representative will so notify you by electronic mail within 24 hours if this occurs. However, in the event such an order is processed, Health e-Lunch Kids reserves the right to promptly collect, and you hereby agree to promptly pay Health e-Lunch Kids, all amounts due, payable, or owed by you to Health e-Lunch Kids . Health e-Lunch Kids may charge a nominal fee of $15 per order in the event you attempt to make a payment by credit card that is declined, necessitating an alternative mode of payment or exception processing. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, Health e-Lunch Kids may charge such amount directly to the credit card identified in your Account Information and Health e-Lunch Kids may suspend or terminate your access to the Site. You agree that you shall bear sole liability for any fees, including attorneys’ fees and collection costs, that Health e-Lunch Kids may incur in its efforts to collect any unpaid balances from you. Your right to use the Site is subject to limits established by Health e-Lunch Kids in its sole discretion and/or by your credit card issuer.
9. Termination of Services. You may terminate your use of the Site at any time. Health e-Lunch Kids may also, in its sole discretion, at any time discontinue providing Food items or other products, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Health e-Lunch Kids may immediately deactivate or delete your account and/or bar any further access to the Site. Further, you agree that Health e-Lunch Kids shall not be liable to you or any third-party for any termination of your access to the Site.
10. Links and Third Party Content Disclaimer. You acknowledge and agree that Health e-Lunch Kids 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 Health e-Lunch Kids 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. Health e-Lunch Kids 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. Health e-Lunch Kids 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.
11. 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 Health e-Lunch Kids describes on or furnishes through the Site (collectively, “Intellectual Property”) are the sole property of Health e-Lunch Kids 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.
12. 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 Health e-Lunch Kids 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.
13. 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. HEALTH E-LUNCH KIDS 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. HEALTH E-LUNCH KIDS 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. HEALTH E-LUNCH KIDS 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.
    
    HEALTH E-LUNCH KIDS 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 HEALTH E-LUNCH KIDS BE LIABLE FOR SUCH DAMAGES RESULTING FROM THE ACTIONS OR CONDUCT OF ANY HEALTH E-LUNCH KIDS SUBSCRIBER OR USER. HEALTH E-LUNCH KIDS 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, HEALTH E-LUNCH KIDS’ AGGREGATE LIABILITY FOR ANY LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND INCLUDING THAT WHICH MAY BE DUE TO HEALTH E-LUNCH KIDS’ ACTUAL OR ALLEGED NEGLIGENCE, SHALL NOT EXCEED THE AMOUNT OF ALL MONIES PAID BY YOU TO HEALTH E-KIDS IN CONNECTION WITH THIS AGREEMENT.
    
    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 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.
    
    HEALTH E-LUNCH KIDS CANNOT AND DOES NOT GUARANTEE THAT YOUR CHILD SHALL BE FREE FROM ALLERGIC REACTION TO ANY FOOD PROVIDED BY HEALTH E-LUNCH KIDS, AND YOU SHALL BE SOLELY RESPONSIBLE FOR MONITORING FOR, AND PROTECTING YOUR CHILD AGAINST, ANY SUCH REACTION. HEALTH E-LUNCH KIDS 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.
14. Hold Harmless and Indemnification. By using the Site or taking delivery of the Food items, you agree to indemnify, defend, and hold Health e-Lunch Kids and its respective parents, subsidiaries, affiliates 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 the Terms of Service or the infringement of any intellectual property or other right of any person or entity.
15. Content Storage. Health e-Lunch Kids 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.
16. Choice of Law/Forum. This Agreement shall be governed by the laws of the State of Virginia in The United States of America, excluding its conflicts of law provisions and the United Nations Convention on Contracts for the Sale of Goods.
17. 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.
18. Entire Agreement. It is hereby acknowledged that this Agreement 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.
19. 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.
20. Surviving Provisions. The provisions of Sections 7-20 hereof shall survive any termination of this Agreement.