This Agreement applies to your use of the Schoolhouse Fare, LLC (the “Site”) meal ordering and payment solution under an agreement with subscribing Schools (Schools) for use by affiliate supporters. Access to Site is provided to the Schools’ supporters (hereafter: Users) at no charge contingent upon User’s acceptance of this User Agreement and the Terms and Conditions of Use herein. This Agreement affects your rights and should be read carefully. This agreement was last modified on July 1, 2009.
(1) Terms and Conditions
By using the Service and/or by completing the registration process and clicking on “I Agree to the Terms of Service”, you attest and affirm that you have read the Terms and Conditions of Use, that you understand them, and that you agree to be bound by these Terms of Service, to access and use the Service offered on or provided through the Site (collectively, the Service). If you do not agree to the Terms and Conditions of Use regarding your use of this Service, you will not be permitted to use this Service.
(2) Terms of Service Modifications
Schoolhouse Fare,LLC reserves the right to change Terms and Conditions of this Agreement at any time, for any reason, and without notice, including the right to terminate Services. 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. Users therefore agree to periodically review Services Terms and Conditions of Use to remain abreast of current obligations, requirements, and/or restrictions as defined by Services Terms and Conditions of Use.
(3) Modifications to the Site
Schoolhouse Fare, LLC may in its sole discretion add, delete, modify or amend features of the Site and/or the Service.
(4) Accuracy of Personal Information
In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself when completing “my profile”; and to maintain true, accurate and current information when updates are required. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Schoolhouse Fare, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Schoolhouse Fare, LLC 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). Schoolhouse Fare, LLC takes 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 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) Food Ordering Through the Site
You acknowledge and agree that you are participating in a food plan for your child, consisting of predetermined food items that have been selected by your school. Schoolhouse Fare, LLC does not and shall not bear any responsibility or liability for any negligence, mishandling, misuse, or other activities by your child’s school, other school personnel or any other third party in connection with the food and/or meal items that are provided
(6) Buyer – Seller Relationship
Transactions submitted by Users for the purchase of items offered by Schoolhouse Fare, LLC create a buyer-seller relationship between the User and Schoolhouse Fare.
UNLESS OTHERWISE SPECIFICALLY PROVIDED, NOTHING DISPLAYED BY SERVICES SHALL BE CONSTRUED TO CREATE A CONTRACT FOR THE SALE OF GOODS OR SERVICES BETWEEN SCHOOLHOUSE FARE, LLC AND THE SCHOOL; OR BETWEEN SCHOOLHOUSE FARE AND ANY VENDOR OR ANY OTHER THIRD PARTY.
(7) Nutritional Information
Information on this website concerning nutrition and/or the nutritional value of any product is provided for general information only and is not intended as a substitute for professional health advice. Schoolhouse Fare hopes the nutritional information and opinions on this site will assist users in making meal choices, but does not warrant, guarantee, or make any other representation as to the accuracy, reliability or completeness of the information or as to the applicability of the information to individual users. Consult your own physician regarding the applicability of any nutrition opinions or nutrition recommendations to you or your child's particular dietary needs. To the extent permitted by law, Schoolhouse Fare, their employees and agents accept no liability for any injury, loss or damage caused by reliance on nutritional information and/or opinions on this website.
(8) Credit Card Payments
Schoolhouse Fare, LLC shall not process any orders based on incorrect, expired, or over-charged credit cards. However, in the event such an order is processed, Schoolhouse Fare, LLC reserves the right to promptly collect, and you hereby agree to promptly pay Schoolhouse Fare, LLC, all amounts due, payable, or owed by you to Schoolhouse Fare, LLC. If you fail to pay the amount due, Schoolhouse Fare, LLC may suspend or terminate your access to the Service. You agree that you shall bear sole liability for any fees, including attorneys’ fees and collection costs, that Schoolhouse Fare, LLC may incur in its efforts to collect any unpaid balances from you. Your right to use the Service is subject to limits established by Schoolhouse Fare, LLC in its sole discretion and/or by your credit card issuer.
(9) Personal Check Payments
(a) Personal check payments may be used to purchase meals. All checks returned from the bank unpaid for any reason will be subject to a $30.00 returned check fee. Additionally, the check maker will be subject to further legal action if the check amount and fee are not paid in full within ten days.
By writing a check to Schoolhouse Fare, LLC for payment, you authorize us to withdraw the full amount of the payment from your checking account by standard deposit of your check. In the event a check is returned from the bank unpaid for any reason, and funds are available in your account, we reserve the right to utilize Electronic Funds Transfer (EFT) to withdraw the full amount of the check, plus our $30.00 fee, directly from your account.
(b) For check payment policies and procedures, it is your responsibility to refer to the parent instructions provided by Schoolhouse Fare to your school or contact Schoolhouse Fare, LLC directly.
(10) Refunds
(a) If your child is absent from school and you have purchased a meal, you will receive a refund IF you have contacted Schoolhouse Fare, LLC 48 hours before the meal is to be delivered. The refund of any Payment amount for meals that have not been used by your child and have been canceled within the refund period designated by Schoolhouse Fare, LLC, will be returned by check or credit card refund.
(b) Please note that credits issued by the Site will only be processed within the current school year and will not carry over into the following school year(s). If you cancel meals online within the designated period set by Schoolhouse Fare, LLC and do not plan to store your credit for future use and would like your money returned via check or credit card refund, you will need to contact Schoolhouse Fare, LLC by sending an email to support@schoolhousefare.com to request your refund.
The refund submitted by Schoolhouse Fare will be the credit amount less a 4% processing fee.
(11) Termination of Services
You may terminate your use of the Service at any time. Schoolhouse Fare, LLC may also, at any time, with or without notice discontinue providing use of this Service for any reason and at any time. If you engage in any conduct which we, in our sole discretion, consider to be unacceptable, or if you breach this Agreement, or any part thereof, Schoolhouse Fare, LLC will discontinue providing use of the Service. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Schoolhouse Fare, LLC may immediately deactivate or delete your account and/or bar any further access to the Site. Further, you agree that Schoolhouse Fare, LLC shall not be liable to you or any third-party for any termination of your access to the Site.
(12) Links and Third Party Content Disclaimer
You acknowledge and agree that Schoolhouse Fare, LLC 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 Schoolhouse Fare, LLC 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. Schoolhouse Fare, LLC 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. Schoolhouse Fare, LLC 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. Any personally identifiable information you provide to any linked sites are collected by that site, and Schoolhouse Fare makes no representations or warranties whatsoever regarding the use of any such information by the owners of such sites.
(13) Performance and Security
Services are transmitted electronically over the World Wide Web and the Internet. Independent service providers beyond the control of Schoolhouse Fare, LLC form part of the worldwide Internet communications network. Electronic transmissions using the Internet cannot be guaranteed to be one hundred percent free from harm or guaranteed to perform as expected. By accessing and using Services, you acknowledge, you accept, and you agree that you use Services at your own risk, and further agree that Schoolhouse Fare, LLC shall not be liable if Services experience a security breach, if Services have malfunctions, if there is an interruption to Services, or if information is misused or mismanaged in any way to your detriment or the detriment of a third party, whether by Schoolhouse Fare (including its Agents, Associates, or Partners), by the School with which you are affiliated, or by an unauthorized third party.
(14) 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 Schoolhouse Fare, LLC describes on or furnishes through the Site (collectively, “Intellectual Property”) are the sole property of Schoolhouse Fare, LLC 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. Users accepting the Terms and Conditions of Use set forth in this User Agreement are permitted to print or save copies of their personal account information for their personal records only. If you wish to redistribute or use such content and materials in any other manner, you bear sole responsibility to obtain permission from Schoolhouse Fare, LLC and sole liability in connection with any such redistribution or use.
(15) 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 Users’ account is the sole responsibility of the User including those instances where a party other than the User uses that account. Users should immediately notify Schoolhouse Fare, LLC of any unauthorized use of a User’s account. You agree to pay all charges that accrue to your account through your use or the use of those authorized by you.
(16) 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. SCHOOLHOUSE FARE, LLC 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. SCHOOLHOUSE FARE, LLC 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. SCHOOLHOUSE FARE, LLC 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. FURTHERMORE, TO THE EXTENT PERMITTED BY LAW, SCHOOLHOUSE FARE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE OR GOODS RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICE OR THROUGH ANY LINKS PROVIDED IN THE SERVICE. SCHOOLHOUSE FARE FURTHER DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE. SCHOOLHOUSE FARE FURTHER DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL PROCESSED THROUGH OR BY SERVICES.
SCHOOLHOUSE FARE, LLC 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 SCHOOLHOUSE FARE, LLC BE LIABLE FOR SUCH DAMAGES RESULTING FROM THE ACTIONS OR CONDUCT OF ANY SCHOOLHOUSE FARE, LLC USER.
TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SCHOOLHOUSE FARE, LLC’s AGGREGATE LIABILITY FOR ANY LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND INCLUDING THAT WHICH MAY BE DUE TO SCHOOLHOUSE FARE, LLC ACTUAL OR ALLEGED NEGLIGENCE, SHALL NOT EXCEED FIFTY ($50) DOLLARS.
SCHOOLHOUSE FARE, LLC CANNOT AND DOES NOT GUARANTEE THAT YOUR CHILD SHALL BE FREE FROM ALLERGIC REACTION TO ANY FOOD PROVIDED BY YOUR SCHOOL’S FOOD SUPPLIERS, AND YOU SHALL BE SOLELY RESPONSIBLE FOR MONITORING FOR, AND PROTECTING YOUR CHILD AGAINST, ANY SUCH REACTION. SCHOOLHOUSE FARE, LLC 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.
(15) PRIVACY
Schoolhouse Fare, LLC may collect information about you and your use of the Service. Use and disclosure of such information is governed by our Privacy Policy, which is posted on the Site. By using the Service, you agree to the terms of our Privacy Policy.
(16) INDEMNIFICATION
You agree to defend, indemnify and hold Schoolhouse Fare, LLC and schoolhousefare.com and their affiliates, and any respective officers, employees, agents, members, managers, partners and contractors, harmless from and against all claims, expenses and damages, including reasonable attorneys' fees, arising out of or resulting, directly or indirectly, from any act or omission by you, by the supplier of any food products ordered using the Service, or by the school for which the Services is provided.
BY ACCESSING AND USING THE SITE OR TAKING DELIVERY OF THE FOOD ITEMS, YOUACCEPT AND AGREE THAT ANY GOODS AND SERVICES OR OTHER MATERIAL OBTAINED DIRECTLY OR INDIRECTLY THROUGH USE OF SERVICES IS PROCURED AT YOUR DISCRETION AND RISK, AND YOU FURTHER ACKNOWLEDGE AND ACCEPT SOLE RESPONSIBILITY FOR AN Y DAMAGES OR LOSS THAT MAY RESULT FROM THE ACQUISITION OF SUCH GOODS, SERVICES, OR OTHER MATERIAL.
(17) MISCELLANEOUS TERMS
(a) Entire Agreement; This Agreement, other agreements, policies and any operating rules posted on the Website or provided to you through Schoolhousefare.com customer support constitute the entire agreement between you and us with respect to your use of the Service, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
(b) Applicable Laws; This Agreement shall be governed by the laws of the State of South Carolina. By using Services and agreeing to these Terms and Conditions of Use, you consent to personal jurisdiction and venue in the state and federal courts located in and serving Charleston County, South Carolina with respect to such disputes arising out of or relating to this User Agreement and the Terms and conditions of Use set forth therein.
(c) Waiver; No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent is in writing issued by Schoolhouse Fare, LLC. Any consent by Schoolhouse Fare, LLC to, or waiver of, a breach, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach.
(d) Cumulative Remedies; Remedies for breach of this User Agreement are cumulative and may be exercised concurrently or separately. The exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies.
(e)Headings; The Section headings used herein are for convenience and reference purposes only and are not intended to define, limit or describe the scope or intent of any provision of this User Agreement and shall have no meaning or effect upon the interpretation of this User Agreement..
(f) 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.
(g) Account Deactivation; Account activity is monitored for compliance with the Terms and Conditions of Use. In the event that nonconformity is discovered, an offending User’s account will be deactivated without notice at the sole discretions of Schoolhouse Fare. If after having accessed and used Services you at some future time no longer agree to comply with the Terms and Conditions of Use, you hereby agree to immediately notify Schoolhouse Fare (by email or phone) to inform Schoolhouse Fare that you no longer accept and agree to the Terms and Conditions of Use, and upon receipt of your notice your account will be immediately deactivated and your records frozen for reference at future dates for administrative or other necessary purposes.
(h) 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.
