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Web Site Terms and Conditions of Use
Any access to and use of the lunchapp.com site and its pages ("Site") is
subject to the terms and conditions of use (the "Terms") as set forth in this
document as they are amended from time to time by Meal Magic (this
"Agreement"). In this Agreement, "You" or "Your" refers to any person or entity
using the Site. By checking the "I AGREE" box below, accessing, or otherwise
using the Site, You agree to be bound by this Agreement. Meal Magic may change
the Terms from time to time in its sole discretion. Your access and use of the
Site after such changes shall constitute Your agreement to abide by and be
legally bound by the Terms as they appear at the time of the access and use. If
You do not agree to the Terms, You may not access or use the Site.
1. SITE USE GENERALLY
1.1. User Information. You represent, warrant, and covenant
that all information You provide to Meal Magic is and will be complete and
accurate. By submitting information, You grant Meal Magic the right to share
Your information with the school district that You selected during the
information collection process.
1.2. Links to Other Materials. Linked sites are not under the
control of Meal Magic and Meal Magic is not responsible for the content of any
linked site or any link contained in a linked site. Meal Magic reserves the
right to terminate any link or linking program at any time. Meal Magic provides
such links only as a convenience to You. Meal Magic has not endorsed, tested or
verified any information, programs, companies, or products on sites to which it
links. If You decide to access any third party sites linked to this Site, You
do so entirely at Your own risk.
1.3. Minors; Territory. The Site is a business web site and
shall not be accessed by persons under the age of 18. Meal Magic operates this
site from its office within the United States. Meal Magic makes no
representation that content and materials on this site are legal or appropriate
for use from outside the United States. If You access this Site from outside
the United States, You do so at Your own risk. You may not use the Site in
violation of United States export laws and regulations.
2. INTELLECTUAL PROPERTY.
2.1. Trademarks. Unless otherwise indicated, all product and
service marks and logos displayed on the Site are subject to the trademark
rights of Meal Magic or its licensors.
2.2. Copyright. The Site design, text and graphics, and the
selection and arrangement of such elements are copyrighted and are protected by
worldwide copyright laws and treaty provisions. The Site and its material may
not be copied, reproduced, modified, published, uploaded, posted, transmitted,
or distributed in any way, without Meal Magic' prior written permission and is
expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible. Except
as expressly provided herein, Meal Magic does not grant any express or implied
right to You under any patents, copyrights, trademarks or trade secret
3. DISCLAIMER OF
3.1. General. MEAL MAGIC MAKES NO REPRESENTATIONS OR WARRANTIES
THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE
OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (iv) THE
QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE
WILL MEET YOUR EXPECTATIONS. MEAL MAGIC UNDERTAKES NO OBLIGATION TO UPDATE,
AMEND OR CLARIFY THE SITE.
3.2. No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE SITE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS WITHOUT
ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. YOUR USE OF THE SITE IS AT YOUR
SOLE RISK. MEAL MAGIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH
REGARD TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR
PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF
NEGLIGENCE. THE ENTIRE RISK ARISING OUT OF USE OF THE SITE REMAINS WITH YOU.
MEAL MAGIC MAKES NO COMMITMENT TO UPDATE THE SITE.
4. LIMITATION OF LIABILITY
4.1. Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL MEAL MAGIC BE LIABLE FOR ANY DAMAGES OF ANY KIND,
INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR:
LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS
INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY
(INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER
PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE
USE OF OR INABILITY TO USE THE SITE, EVEN IF MEAL MAGIC KNOWS OF, OR SHOULD
HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SITE. THE FOREGOING LIMITATIONS, EXCLUSIONS
AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
4.2. Indemnification. You agree to defend, indemnify and hold
Meal Magic harmless from and against any and all claims, liabilities, demands,
penalties, forfeitures, suits, judgments and the associated costs and expenses
(including attorney’s fees), which Meal Magic may hereafter incur, become
responsible for or pay out arising out of Your use of the Site or Your breach
of any term or provision of the Terms.
5.1. Meal Magic may collect information about You and Your use of the Site. Use
the time of such use.
6.1. Meal Magic may terminate this Agreement at any time without notice to You
for any or no reason. Sections 4, 5, and 7 will survive termination of this
7. GENERAL TERMS.
7.1. Modification. Meal Magic reserves the right at any time
and at its sole discretion to change the terms, conditions, and notices under
which the Site is offered. Meal Magic may revise the Terms at any time by
updating this posting. You should visit this page from time to time to review
the then-current Terms because they are binding on You. Certain provisions of
the Terms may be superseded by expressly designated legal notices given to You
or terms located on particular pages at the Site. Meal Magic also reserves the
right at any time and at its sole discretion to modify or discontinue,
temporarily or permanently, the Site (or any part thereof) with or without
notice. You agree that Meal Magic shall not be liable to You or to any third
party for any modification, suspension or discontinuance of the Site.
7.2. Jurisdiction. The Terms shall be governed by and
interpreted according to the laws of the State of Michigan, without regard to
conflicts of law principles. Meal Magic and You agree that all disputes and
litigation regarding the Terms, the Site, and matters connected with its
performance or relating to the use of the Site shall be subject to, and they
each consent to jurisdiction and venue in, the state and federal courts in
Grand Rapids, Michigan. Use of the Site is unauthorized in any jurisdiction
that does not give effect to all provision of these terms and conditions,
including without limitation this section.
7.3. Equitable Relief. You recognize and acknowledge that a
breach by You of any of Your obligations under the Terms will cause Meal Magic
irreparable damage, which cannot be readily remedied by monetary damages in an
action at law. Accordingly, in the event of any default or breach by You,
including any action by You that could cause some loss or dilution of Meal
Magic’ goodwill, reputation, or rights in the Site, Meal Magic shall be
entitled to an immediate injunction in addition to any other remedies
available, to stop or prevent such irreparable harm, loss, or dilution.
7.4. Entire Agreement. The Terms embody the entire agreement
and understanding between Meal Magic and You with respect to the subject matter
of the Terms and supersedes all prior oral or written agreements and
understandings relating to the subject matter of the Terms. No statement,
representation, warranty, covenant or agreement of any kind not expressly set
forth in the Terms shall affect, or be used to interpret, change or restrict,
the express terms and provisions of the Terms.
By clicking the "I Agree" button below, you acknowledge that you have read,
understood, and agree to be legally bound by the Terms as stated above. If you
do not agree to the above Terms, click the "I Do Not Agree" button and do not
enter the Site.