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WEBSITE TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY.  BY ACCESSING THIS WEBSITE AND ANY PAGES OR MATERIALS CONTAINED IN THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW.  IF YOU DO NOT AGREE TO ALL OF THE TERMS SET FORTH BELOW, PLEASE DO NOT ACCESS THIS WEBSITE, OR ANY ASSOCIATED PAGES OR MATERIALS.

This Website (the “Site”) with a home page at http://www.thelunchmaster.com is owned and operated by Nob Hill Catering, Inc. (“NHC”).  The pages and materials contained on this Site are the property of NHC or are owned by a third-party and are used by NHC under license.  NHC reserves the right at its sole discretion to change, modify, add, or remove any portion of this Site or these Terms, in whole or in part, at any time and for any reason.  Changes to these Terms will be effective upon posting.  You agree to review these Terms periodically to be aware of any changes.  Your continued use of this Site after any changes to the Terms will be considered acceptance of those changes.  These Terms govern your use of this Site.  In the event that you do not comply with these Terms, NHC may, at its sole discretion and without notice, block or restrict your access to this Site and/or pursue legal action against you for any alleged or actual violation of these Terms or governing law.

INDEMNITY AND LIMITATIONS OF DAMAGES

You agree to fully indemnify, defend and hold harmless NHC, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Site against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of the Site violates these Terms, any applicable law or regulation, or the rights of any third-party.

In no event shall NHC or any of its officers, directors, members, shareholders, subsidiaries, or employees be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the site or any linked website, even if NHC is expressly advised of the possibility of such damages.

If You are a California resident, You waive California Civil Code Section 1542, which says “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” 

PERMITTED USES

No commercial use of the information on this website is permitted at any time. The text, images, information and other materials resident on this Site may not be copied, modified, distributed, reproduced or reused without the express written permission of NHC or otherwise permitted herein. 

You acknowledge and agree that all materials contained on or at the Websites are proprietary and constitute valuable copyright, trademark and other intellectual property rights owned by NHC or others who have licensed or authorized use of such materials to NHC.  You acknowledge and agree that as such you may only access, view, download, receive and otherwise use the materials available at the Website only as authorized by NHC as stated herein.

You acknowledge that you understand that NHC does not authorize access to any part of the Websites or its network servers or databases in any manner contrary to the express provisions of this Agreement.  You acknowledge and warrant that you will not access any part of or information on this Website without first having obtained the lawful right to access such information.  You agree and warrant that you will not access the account of anyone or any account information of any Account Holder from this Website unless you are the Account Holder or authorized directly by the Account Holder.

ONLINE ACCOUNT REGISTRATION

To make The LunchMaster’s online meal selection faster, easier, and more secure via the Website, we require account registration and log-in sessions for all users.

While logged-in to www.thelunchmaster.com Website, authorized Account Holders may access their account online to add, delete or change profile information, including meal selections and viewing menus.

Account Holders shall be the parents or legal guardian for students who participate in NHC’s meal program and to whom NHC has provided an authorized password for online access to make student lunch meal selections.  Any other authorized participant of NHC’s school lunch program who is provided a password by an authorized representative of the contracted school or NHC to make meal selections shall also be an Account Holder.  Account Holders do hereby agree that their use of the website and NHC meal program service shall be subject to the terms and conditions of this agreement in addition to the Website’s general terms of use agreement. 

ACCOUNT PASSWORDS

Parents (or legal guardians) who have students that participate in NHC’s school lunch service will be provided their initial password to create an online account from the by NHC (or it may be distributed by the school).  Parents (or legal guardians) who lose or forget their password for online account access should click here and enter your email address, or telephone NHC directly at 1-650-596-8008 or 1-877-LM-LUNCH to verify identity and obtain a new password. 

ACCOUNT TERMINATION

NHC reserves the right to terminate any online account for lunch services at any time and for any reason.  Although NHC will make best efforts to provide meals selected via the website, NHC cannot guarantee that any particular meal selection will be available or will be provided in every case.  All menus and meal selections are subject to change at any time by NHC without notice where necessary to meet changing or unforeseen circumstances.

MEAL CANCELLATION AND ACCOUNT CREDIT

Pre-ordered and pre-paid meals may be cancelled in exchange for future LunchMaster account credit subject to this policy.  Meals that are canceled before 4 p.m. the day before the meal service was to have taken place shall receive LunchMaster account credit for the FULL value of the price of the cancelled meal.  Meals canceled either i) before 8 a.m. on the day of, or ii) after 4 p.m. the day before the meal service was to have taken place will receive LunchMaster account credit for HALF the value of the price of the cancelled meal.  LunchMaster account credit will remain on the account and be available for use on future meal orders.  There are no cash refunds for cancellations of meal service, only credit for future meals.

PERSONAL INFORMATION

You agree to provide correct personal and other information to us when requested by the website or NHC, and you agree that you won’t try to misrepresent yourself, your relationship with another, or otherwise provide inaccurate information.  You agree that you will not use a “username” that is considered offensive, misleading, or otherwise inappropriate.  You agree to take caution when providing any personally-identifiable information in any content, messages, forums.  NHC does not necessarily control, police, or monitor any content and expressly declines responsibility in all such instances.

ACCOUNT ACCESS

You are required to take affirmative steps to protect your privacy.  You agree to keep your password secure and confidential at all times.  You agree to accept all responsibility for all actions that are taken with your account or password.  You agree to notify NHC immediately in the event of a real or a suspected unauthorized access to your account.  You agree to maintain accurate and current account information including contact details until NHC has terminated your account.  *If you are using a public computer, you agree to LOG OUT of any session at the conclusion of your session to protect privacy and security of the system.

PROVIDING CONTENT TO THE SITE

Authorized Account Holders may provide certain information to us, including but not limited to meal selections.  You agree and acknowledge that you will only provide Content, including but not limited to information, names, text, data, etc. (“Content”) to the Site that you have the legal right to provide.  You agree and acknowledge that you are over the age of 18 years of age, except for those persons who are between the age of 13 and 18 and have their parent or guardian’s explicit consent to use this website.  You warrant and represent that you have the legal right to provide the Content to the Site.  You agree and do hereby grant NHC the right and perpetual license to use the Content and to license, sub-license, assign, and sub-assign the right to use the Content to any third-party at any time that is consistent with or in furtherance of the original purpose for which the Content was provided. You warrant and represent that you have the full right, power, and authority to grant all rights granted herein, and that said rights are not under nor will be under, any disability, restriction or prohibition.

You warrant and represent that neither any portion of the Content nor any other information supplied by You to the Site will violate or infringe upon any common law or statutory right of any person, firm or corporation including, without limitation, contractual rights, copyrights, moral rights, trademarks, trade secrets, and rights of privacy. 

You warrant and represent that neither any portion of the Content nor any other material supplied by You to the Site will be considered indecent, obscene, pornographic, offensive or otherwise objectionable or illegal Content.  You agree that you will not provide any false, misleading, or inaccurate information to the Site or NHC.  You agree you will keep your account contact information including email address and school current and accurate until your account has been terminated by NHC. 

You hereby agree to indemnify NHC, and its successors, distributors, sub-distributors, licensees, and assigns, and any respective officers, directors, members, attorneys, agents and employees of each of the foregoing, from and against any claims contrary to this agreement and any damages, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with any claim, demand or action inconsistent with this Agree­ment or any warranty, representation or agreement made by You herein.

LINKING TO THE SITE

Linking to any of the NHC websites indicates that you accept NHC’s Terms of Use and legal restrictions and that you will abide by the guidelines herein.  If you do not accept these terms and agree to abide by these guidelines, you are not authorized to link to this Site.

If you link to NHC’s Site, you agree that you:

- Will not copy or otherwise replicate any NHC Site content;

- Will not attempt to access any portion of the website that is not publicly accessible (i.e. no password required) without proper authorization as stated here in;

- Will not frame or otherwise create a browser or border environment around NHC Site content;

- Will not imply that NHC is endorsing you, your company or business, your web site or its contents, your products, or your services;

- Will not misrepresent you or your website’s relationship with NHC;

- Will not present false, misleading or inaccurate information about NHC, NHC’s products or services, or any of NHC’s affiliates or their products or services;

- Will not use NHC’s trademarks, logos, or copyrighted materials without first receiving express prior written permission from NHC.

- Will not link to an internal page of this Site that is located one or several levels down from the home page or bring up or present content of this site on another site without NHC’s prior written permission.

LIMITED LICENSE

NHC grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon; provided, however, that you comply with these Terms [see PERMITTED USE].  You agree not to disrupt, interrupt or attempt to interrupt the operation of the site in any way. You agree not to attempt to access any restricted portion of the website to which you have not been explicitly authorized to access, or to attempt to access or tamper with any information regarding any Account Holder. You agree not to change or delete any proprietary notice or watermark from materials downloaded from the Site.  You agree to comply with all trademark, copyright and other intellectual property laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials and information contained on this Site.  Except as expressly provided herein, NHC does not grant any express or implied right to you regarding any patents, trademarks, copyrights or trade secret information [see INTELLECTUAL PROPERTY].

DISCLAIMER

NHC CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL CODE THAT CAN MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.  YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA AND OUTPUT.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE.

THE MATERIALS AND INFORMATION CONTAINED ON THIS SITE MAY CONTAIN FACTUAL OR TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS.  NHC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE.  YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.  NHC RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE.  NHC MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES, MENUS, OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.  HOWEVER NHC IS UNDER NO OBLIGATION AT ANY TIME TO MAKE ANY CHANGES OR CORRECTIONS TO ANY INFORMATION ON THE SITE.

THIS SITE AND THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND NHC DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER INCLUDING, WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE AND NHC SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.  SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

THIRD-PARTY WEBSITES

Some links on this Site may cause you to leave the NHC Site.  If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.  NHC does not control the linked sites and is not responsible for their contents.  These links are provided to you for your convenience and the inclusion of the link does not imply endorsement of the site by NHC.  NHC makes no warranty or representation regarding any linked sites or the information appearing thereon or any of the products or services described thereon.  Links do not imply that NHC is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of NHC or any of its affiliates or subsidiaries.

INTELLECTUAL PROPERTY

The trademarks, trade names, logos, service marks, trade dress and products (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of NHC and others.  The trademarks, trade names, logos, service marks, trade dress and products in this Site are protected in the United States and internationally.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of NHC or such third-party that may own the Trademarks displayed on the Site.  Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited.  You are also advised that NHC will aggressively enforce its intellectual property rights to the fullest extent of the law.

The materials of this Site are protected by Copyright and Trademark Laws of the United States of America and other countries and are owned by, or licensed to NHC.  All content of this Site is owned, licensed, or controlled by NHC.  You may download content only for temporary display purposes on your computer’s RAM memory while you are actually viewing the website and only for your personal use for non-commercial purposes.  No other downloading, use, modification or further reproduction of any of the content on this website is permitted.  The contents of the Site, including any images, text, executable code, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used except as provided herein without the express prior written permission of NHC.

You may not, for any reason, distribute, modify, duplicate, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, or other content without NHC’S prior written consent [See PERMITTED USE].

© Copyright 2010 Nob Hill Catering, Inc.  All rights reserved.  Copyright in the pages of this website and in the screens displaying the pages, and in the material contained therein and in their arrangement, is owned by NHC and/or its affiliates, unless otherwise indicated.  In addition, the materials contained on this web site may be NHC Proprietary and/or Trade Secret information and may not be copied, compiled, or distributed without the prior written consent of NHC, except as provided herein.

DMCA DESIGNATED COPYRIGHT AGENT

NHC deals with alleged copyright violations on its websites in accordance with the policies and procedures stated herein and pursuant to the United States Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (DMCA) of 1998 (17 USC Section 512).  Therefore NHC removes allegedly infringing content under any valid DMCA notification or court order.  

Complaints, Notices and Counter-Notices of alleged infringement pursuant to the DMCA should be sent to:

Nob Hill Catering, INC.

Attn: DMCA Copyright Agent Felicia Giouzelis

Email: Felicia@thelunchmaster.com

Fax: 650-596-8006

Any person who knowingly and materially misrepresents that activity or content is infringing can be subject to legal liability under the DMCA and other applicable laws.

NHC or its affiliates may provide copies of any copyright notices or counter-notices to the participants in the dispute or to any other third-parties in NHC’s sole discretion and as may be required by law.  You are encouraged to consult legal counsel prior to filing a DMCA notification to meet the legal requirements for filing a claim.  

PRIVACY POLICY

We may collect the domain name, Internet Protocol (IP) address, and e-mail address of visitors to our Websites, the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, name, school, email, address, telephone number, and payment information (e.g., credit card number and billing address) of Account Holders.  We may store cookies on your computer to improve our services and security for our users.

The information we collect is used for internal review and to improve our services, the content of our Websites, to improve security and customize the content and/or layout of our Site for each individual visitor, and to provide marketing and billing information to customers.  If you do not want to receive marketing e-mail from us in the future, please let us know by writing to us at the email address opt-out@thelunchmaster.com.

We will not sell, rent, or share our mailing list, membership list, or any other information about visitors to our website without their express consent.  Notwithstanding the foregoing, we will comply with duly authorized legal subpoenas from law enforcement or other lawful governmental request seeking information if we are required by law to provide such information.

Account Holders should edit their online profile to correct any inaccurate information.  If there are further issues with the accuracy of information, consumers may contact NHC at the address above for further resolution.

With respect to security: We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.  Notwithstanding the foregoing, NHC makes no warranty regarding security or protection of personal or other data.

PARENTAL CONSENT

This website is not intended for persons under the age of 13 years.  If you are under 13 years of age, you are not authorized to use this website, and you may not provide any personal information to the website.

VIEWING INSIDE THE UNITED STATES OF AMERICA

The Site is intended to be viewed only from within the United States of America.  NHC makes no warranty or claim that the Site may be lawfully viewed, accessed, or used outside of the United States of America.  Access or use of the Site may not be legal by certain persons or in certain nations.  If you access or use the Site from outside of the United States of America, you do so at your own risk and you are solely responsible for compliance with all applicable laws including the laws of your jurisdiction.

GOVERNING LAW

This Site is operated and administered from within the United States of America.  Use of this Site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of California, without giving effect to its conflict of laws provisions. 

WAIVER OF CLASS ACTION & BINDING ARBITRATION

You agree no claim subject to these Terms of Service may be brought as a class action.  As part of the consideration that the Website requires for viewing, using or interacting with this website, You hereby agree to use binding arbitration for any claim, dispute, or controversy of any kind (whether in contract, tort or otherwise) arising out of or relating to this website and any purchase, product, including solicitation issues, privacy issues, and Terms of Service issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association.  Hearing will take place in the city and county of San Francisco, California.

In no case shall You or customer have the right to go to court or have a jury trial. Neither you nor any other customer will have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, and investigation fees.

ELECTRONIC SIGNATURES

You agree that selecting and submitting “accept” on the electronic copy of the information or otherwise submitting content through the website or documents to NHC the same shall constitute an electronic signature as defined by California’s Uniform Electronic Transactions Act.  Notwithstanding the foregoing you further agree to waive any and all requirements and protections provided by the California Uniform Electronic Transactions Act to You.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between NHC and you (the “Agreement”) with respect to your use of the Site.  Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.  If for any reason a court of competent jurisdiction finds any provision of the Terms, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

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