Terms Of Use

Welcome! We’re so happy you’re here, and we can’t wait to deliver your children’s food happiness, but before you use our site, please read these Terms of Use carefully. THE INCREDIBLE LUNCH LADIES (“THE INCREDIBLE LUNCH LADIES,” “we,” “our,” or “us”) own and operate this website which references or will reference these Terms of Use (collectively, the “site”). These Terms of Use (the “Agreement”) constitute a contract between you and us that governs your access and use of the site. What does that mean? It means that by accessing and/or using the site or our services through the site, or by clicking a button or checking a box marked “I Agree” (or something similar), you agree to all the terms and conditions of this Agreement. If you do not agree, do not use the site. As used in this Agreement, “you” means any visitor, user, or other person who accesses our Site, whether or not such person registered for an Account (as defined below). Unless otherwise agreed by INCREDIBLE LUNCH LADIES in a separate written agreement with you or your authorized representative, the Site is made available solely for your personal, non-commercial use.IMPORTANT: PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE ALL DISPUTES WITH INCREDIBLE LUNCH LADIES THROUGH BINDING INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND INCREDIBLE LUNCH LADIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST INCREDIBLE LUNCH LADIES. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

ABOUT The Incredible Lunch Ladies

THE INCREDIBLE LUNCH LADIES connects parents of children in certain schools with local takeout restaurants. You may order food through the site to be delivered from particular restaurants where THE INCREDIBLE LUNCH LADIES provides such services. THE INCREDIBLE LUNCH LADIES is not a restaurant or food preparation entity. The restaurants and other food purveyors available on our site (collectively, the “restaurants”) operate independently of INCREDIBLE LUNCH LADIES. The restaurants are required to comply with federal, state, and local laws, rules, regulations, and standards pertaining to the preparation, sale, and marketing of food, including, without limitation, food preparation and safety and menu disclosure. THE INCREDIBLE LUNCH LADIES is not liable or responsible for the restaurants’ food preparation or safety and does not verify their compliance with all applicable laws. In addition, THE INCREDIBLE LUNCH LADIES does not guarantee the quality of what the restaurants or other food purveyors sell, nor does it guarantee the services provided by them, including, without limitation, in those cases where they provide the delivery services or engage another third party delivery service. THE INCREDIBLE LUNCH LADIES does not independently verify, and is not liable for, representations made by restaurants regarding their food, including, without limitation, any menu- or restaurant-level descriptors or disclosures.

USING The Incredible Lunch Ladies

You may only create and hold one account on each Site for your personal use (an “Account”). You may have another account if you are using the Site as part of a corporate account created for business purposes pursuant to a separate agreement with THE INCREDIBLE LUNCH LADIES. In consideration of the use of the Site and the services contained therein, you agree that you are able to create a binding legal obligation with THE INCREDIBLE LUNCH LADIES, and you also agree to: (a) provide true, accurate, current, and complete information about yourself, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current, and complete.The site may permit you to make purchases without an Account or without logging in to your Account. If you make a purchase in this manner, we may create an Account for you based on the information provided to us in connection with the transaction (e.g., your name, phone number, email address, and other transaction information). If you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the site, and your parent or legal guardian must read and agree to this Agreement prior to your using the site. Notwithstanding the foregoing, you are not authorized to use the site if you are under the age of 13. If you provide any information that is untrue, inaccurate, not current or incomplete, including, without limitation, having an invalid or expired payment method on file, or if THE INCREDIBLE LUNCH LADIES has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, THE INCREDIBLE LUNCH LADIES has the right to block your current or future use of the site (or any portion thereof) and/or terminate this Agreement with you. If your Account is cancelled for any or no reason, you may forfeit any pending, current, or future account credits or promotional offers and any other forms of unredeemed value in or associated with your Account without prior notice to you.You are responsible for maintaining the confidentiality and security of your Account including your password You are also responsible for all activities or any other actions that occur under or that are taken in connection with your Account. You agree to: (a) immediately notify THE INCREDIBLE LUNCH LADIES of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including, without limitation, loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. THE INCREDIBLE LUNCH LADIES will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with (a) and/or (b) or for any acts or omissions by you or someone else who is using your Account and/or password.

PAYMENT AND OUR CREDIT POLICY

Certain features of the site, including, without limitation, the placing of orders, may require you to make certain payments. When paid by you, these payments are final and non-refundable, unless otherwise determined by THE INCREDIBLE LUNCH LADIES. THE INCREDIBLE LUNCH LADIES, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the amounts you were charged. THE INCREDIBLE LUNCH LADIES will charge, and you authorize INCREDIBLE LUNCH LADIES to charge, the payment method you specify at the time of purchase. If you pay any amounts with a credit card, THE INCREDIBLE LUNCH LADIES may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase.
THE INCREDIBLE LUNCH LADIES reserves the right to establish, remove, and/or revise prices, fees, and/or surcharges for any or all services or goods obtained through the use of the services at any time. THE INCREDIBLE LUNCH LADIES may also, in its sole discretion, make promotional offers with different features and different rates to any or all of our customers. Unless made to you, these promotional offers will have no bearing on your obligation to pay the amounts charged.The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

OUR MATERIALS AND LICENSE TO YOU

With the exception of User Content (defined below), the site and everything on them, from text to photos to videos to graphics and software, (collectively, the “Materials”) are owned by or licensed to Incredible Lunch ladies. The site and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and/or other proprietary rights and laws of the United States and other countries. Except as otherwise indicated on the site and Materials and except for the trademarks, service marks, logos and trade names of other companies that are displayed on the site and Materials, all trademarks, service marks, logos, trade dress, and trade names are proprietary to THE INCREDIBLE LUNCH LADIES , including, without limitation, TILL; THE INCREDIBLE LUNCH LADIES ; Please be advised that THE INCREDIBLE LUNCH LADIES enforces its intellectual property rights to the fullest extent of the law.Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site and/or the Materials for your personal and noncommercial use, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Site and/or the Materials. Any other use of the Site and/or the Materials is strictly prohibited. The Site and the Materials may not be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the Site and/or Materials should be interpreted as granting to you any license or right to use any of the Materials (other than as provided herein) and/or third party proprietary content on the Site without the express written permission of THE INCREDIBLE LUNCH LADIES or the appropriate third party owner, as applicable. Any rights not expressly granted herein are reserved by THE INCREDIBLE LUNCH LADIES and Incredible lunch ladies licensors. You may not rent, lease, redistribute, sell, sublicense, decompile, reverse engineer, disassemble, or otherwise reduce the Site and/or the Materials, in whole or in part, to a human-perceivable form for any purpose, including, without limitation, to build a product and/or service competitive with the Site and its related services. You are not authorized to download any content from the Site, including, without limitation, the Materials, and if you do, Incredible lunch Ladies will not be responsible in any way for any damage to your computer system or loss of data that results from such download.

YOUR CONTENT AND CONDUCT

I. User ConductBy accessing the site, you agree:

You agree to comply with the above user conduct, and agree not assist or permit any person in engaging in any conduct that does not comply with the above user conduct. Further, you agree that the consequences of commercial use or re-publication of User Content or Materials from the site or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy, and that THE INCREDIBLE LUNCH LADIES will be entitled to temporary and permanent injunctive relief to prohibit such use or activity without the need to prove damages.
II. Content You Provide THE INCREDIBLE LUNCH LADIES may provide you with interactive opportunities (i) on the site, including, without limitation, features such as user ratings and reviews, saved favorites, liked items and bookmarked restaurants, user profiles and pictures, as well as (ii) through other communications with you, including, without limitation, through text (“SMS”) or multimedia (“MMS”) messages (collectively, “Interactive Areas”). You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings, photographs and/or other materials and/or content that you submit, upload, post, publish, and/or otherwise make available to THE INCREDIBLE LUNCH LADIES through the site or otherwise in connection with your use of our services, including, without limitation, information and materials provided or made available in connection with any Facebook, Google, or other third party login (“User Content”). User Content includes, without limitation, textual, visual, or audio content and information, whether transmitted via the site, SMS or MMS message, or otherwise.
III. Use of Your Content You grant THE INCREDIBLE LUNCH LADIES an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sublicensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use User Content in connection with THE INCREDIBLE LUNCH LADIES’ or its partners’ or affiliates’ business and in all forms of media now known or hereafter invented (collectively, the “Uses”) without notification to and/or approval by you.

WAIVER AND SEVERABILITY

Any waiver by THE INCREDIBLE LUNCH LADIES of any provision of this Agreement must be in writing. If any portion of this Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible except that in the event of unenforceability of the class action waiver, the entire arbitration agreement shall be unenforceable. The remainder of this Agreement shall continue to be enforceable and valid according to terms contained herein.

ENTIRE AGREEMENT

This Agreement, together with any amendments and any additional agreements you may enter into with THE INCREDIBLE LUNCH LADIES in connection with the site and the services hereunder, shall constitute the entire agreement between you and THE INCREDIBLE LUNCH LADIES concerning the site and the services hereunder.

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