Terms of Service (January 2008)

Welcome to the Green Bag Lunch website (the “Site”). Use of the Site and our products and services is contingent upon your acceptance of and compliance with these Terms of Service (“Terms of Service”) and our Privacy Policy (“Privacy Policy”).

These Terms of Service constitute a valid and binding agreement between Green Bag Lunch, LLC, (“Green Bag Lunch,” “us,” “we”) and you (“you,” “your,” “Subscriber”). If you have any questions about these Terms of Service, please send us an e-mail at info@greenbaglunch.com.

This Site is owned and operated by Green Bag Lunch, LLC. This Site does not provide any medical advice. Nothing stated or presented on this Site, or any link provided by this Site, is intended to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified healthcare provider if you have any questions regarding your diet, nutrition, a medical condition, exercise, etc.

IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, 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 in connection with any and all products or services offered on, purchased by you or otherwise provided through the Site (collectively, the “Service”).
   
   
2. Modifications.
   a. Terms of Service. Green Bag Lunch 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 Green Bag Lunch will send you an email alerting you to such changes. Your continued use of the Site thereafter shall be deemed your acceptance and ratification of any such changes to the Terms of Service.

   b. Site and Pricing Schedules.
   Green Bag Lunch 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. Notice of any such changes will be posted on the Site and Green Bag Lunch will send you an email alerting you to such changes. Your continued use of the Site and/or the Service thereafter shall be deemed your acceptance and ratification of any such changes to the Site and/or the Service.

3. Registration; Your Account and Password; Order History; Monitoring
   a. Registration. In consideration of your use of the Site and Service, you agree to: (i) provide true, accurate, current and complete information about yourself in responding to and completing the registration form; and (ii) keep the registration information true, accurate, current and complete by maintaining and updating when necessary (all the foregoing, collectively, “Account Information”). You acknowledge and agree that you are solely responsible for the accuracy of your Account Information provided to Green Bag Lunch. If you provide any Account Information or other information that is untrue, inaccurate, not current or incomplete, or Green Bag Lunch has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Green Bag Lunch has the right to suspend or terminate your account, refuse any and all current or future use of the Service (or any portion thereof), and take any other action it deems necessary under applicable law. You acknowledge and agree that Green Bag Lunch will rely upon your Account Information in providing the Service.

   Green Bag Lunch 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 parent/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 parent/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 child/children for whom you are the legal guardian.

   Green Bag Lunch cannot and does not guarantee that your child shall be free from allergic reaction to any Food items selected by you and provided by Green Bag Lunch, and you shall be solely responsible for monitoring for, and protecting your child against, any such reactions.

   b. 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 Green Bag Lunch of any suspected or actual unauthorized use of a Subscriber account or any other breach or threatened breach of the Site’s security. You agree to pay all charges that accrue to your account through your use of the Site and the Services or such use by those authorized by you.

   c. Order History. You may view your past orders and payments at any time by visiting your Order History.

   d. Monitoring. Green Bag Lunch reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Site. If we determine, in our sole and absolute discretion, that you will breach a term or condition of these Terms of Service, Green Bag Lunch may cancel the transaction or take any other action to restrict your access to the Site or the Service.

4. 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. A current list of schools and camps participating in the Green Bag Lunch Program will be displayed as you proceed through the registration and ordering process. You can change or modify your order anytime 10 or more days in advance of the lunch delivery.
   
   
5. Availability.
   From time to time certain Food items may be unavailable due to, among other things, conditions beyond Green Bag Lunch’s control. In such event, Green Bag Lunch reserves the right to provide an alternate Food item to fulfill your order. We will select any alternate Food item to fulfill your order based on your Order History.
   
   
6. Delivery and Storage of Product.
   To receive delivery of Food items under your Food Plan, your child's school or camp must have agreed to participate in the Green Bag Lunch Program. Our delivery personnel will deliver Food items to a designated place at your child’s school or camp, and the school or camp will allow your child to pick up the Food items having his/her name on it.

   Green Bag Lunch uses coolers in an effort to maintain the quality and integrity of Food items during delivery. Green Bag Lunch is not and shall not be responsible in any way for ensuring that your child’s school or camp maintains the integrity, quality or other aspect of such Food items after delivery by Green Bag Lunch.

   FOLLOWING DELIVERY BY GREEN BAG LUNCH, THE HANDLING, SERVING, AND ANY AND ALL OTHER ACTIVITIES REASONABLY RELATED TO PROVIDING YOUR CHILD’S FOOD ITEMS TO YOUR CHILD, ARE THE SOLE RESPONSIBILITY OF YOUR CHILD'S SCHOOL OR CAMP, AND GREEN BAG LUNCH DOES NOT AND SHALL NOT BEAR ANY RESPONSIBILITY OR LIABILITY FOR ANY NEGLIGENCE, MISHANDLING, MISUSE OF YOUR CHILD’S FOOD ITEMS, OR OTHER ACTION OR INACTION BY YOUR CHILD'S SCHOOL'S OR CAMP’S OR SUCH OTHER SCHOOL’S OR CAMP’S PERSONNEL OR ANY OTHER THIRD PARTY IN CONNECTION THEREWITH.

   In the case unforeseen delivery impediments such as adverse weather conditions, Green Bag Lunch may adjust its delivery schedule, which may impact its ability to deliver your child's lunch. In the event that such delivery schedule adjustments will result in significant or material delay, a Green Bag Lunch customer service representative will, to the extent reasonably practicable, notify you by email and phone prior to delivering Food items pursuant to the adjusted schedule. Green Bag Lunch will use reasonable efforts to resume scheduled delivery as soon as conditions permit.

7. Payment; Refunds.
   a. Direct Subscriber Payments. Green Bag Lunch accepts Visa, MasterCard, DiscoverCard, and American Express. We do not accept PayPal, and we are unable to apply manufacturer’s coupons, food stamps, or any other payment method not listed above. We will not knowingly process charges based on or using an incorrect, expired, or over-charged credit card. However, in the event such an order is processed, Green Bag Lunch reserves the right to promptly collect, and you hereby agree to promptly pay Green Bag Lunch, all amounts due, payable, or owed by you to Green Bag Lunch. Green Bag Lunch may charge a 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. Your right to use the Site is subject to limits established by Green Bag Lunch in its sole discretion and/or by your credit card issuer.

   b. Third Party Payments. If you are making payment for your Food Plan through your child’s school, or camp, or PTA, PTO or other third party organization (“Organization”), you are agreeing to pay that Organization the amount it has specified to you. If you fail to pay any fees or charges when due, and Green Bag Lunch is so notified by the Organization that you have not paid the required fees or charges, then Green Bag Lunch may, in its sole discretion, suspend or terminate your Service and/or your access to the Site. You agree that you shall bear sole liability for any fees, including attorneys' fees and collection costs, that your school, camp, or Organization may incur in its efforts to collect any unpaid balances from you. Green Bag Lunch shall have no liability to third parties for any unpaid Subscriber charges owed to any Organization.

   c. School, Camp and/or Organization Payments. Schools, camps and/or Organizations should contact Green Bag Lunch at info@greenbaglunch.com or 847.471.8866 to arrange payment for the Service.

   d. Refunds. For Direct Subscriber Payees, full refunds will be issued for cancellations that occur at least 10 days prior to the date of delivery. Refunds will be credited back to the credit card you registered in your Account Information. For Third Party Payees, refunds are subject to the policies of the school, camp, PTA, PTO or other third party organization through which you are paying. In the case that refunds are allowed by such an organization, they shall be granted only on cancellations that occur at least 10 days prior to the date of delivery.

   Refunds will not be issued for either Direct Subscriber Payees or Third Party Payees in the case of unforeseen changes in the schedules of your child or your child’s school or camp which occur within 10 days of the date of delivery. These include sick days, school cancellation due to adverse weather conditions, unforeseen changes in school schedule or delivery site, and other such events.

   GREEN BAG LUNCH 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 GREEN BAG LUNCH. ANY SUCH CHANGES WILL BECOME EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING ON THE SITE. GREEN BAG LUNCH MAY, AT ITS OPTION, PROVIDE NOTICE OF SUCH 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 GREEN BAG LUNCH SHALL NOT BE RESPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS THAT REMAIN UNADDRESSED PAST THE 60th DAY OF SUCH OCCURRENCE OR LACK THEREOF.

   For questions about payment, requests for refunds or other customer service issues, email customerservice@greenbaglunch.com.

8. Termination of Services.
   You may terminate your use of the Site and the Service at any time without prior notice. Green Bag Lunch may also, in its sole discretion, at any time discontinue providing certain Food items or any part thereof, with or without advance notice. You agree that any termination of your access to the Site under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Green Bag Lunch, in addition to any other legal or equitable remedies, may immediately deactivate or delete your account and/or bar any further access to the Site. Further, you agree that Green Bag Lunch shall not be liable to you or any third-party for any termination of your access to the Site as provided in these Terms of Service.
   
   
9. Links and Third Party Content Disclaimer.
   You acknowledge and agree that Green Bag Lunch has no control over any of the third party web sites, if any, to which the Site links. Any such links are provided solely as a convenience and Green Bag Lunch 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. Green Bag Lunch 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. Green Bag Lunch 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 these Terms of Service, and the use of all of which shall be governed and controlled by such third party's respective Terms of Service, Terms of Use or equivalent agreement.
   
   
10. 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 Green Bag Lunch describes on or furnishes through the Site (collectively, “Intellectual Property”) are the sole property of Green Bag Lunch 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, re-transmitting, distributing, publishing, commercially exploiting, or otherwise transferring any such materials in any format or medium whatsoever. If you believe your intellectual property is being improperly used on the Site, please contact us at [email address]. Please include the words “Intellectual Property Use” in the subject header of your email.
    
    
11. 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. GREEN BAG LUNCH DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED BY IT THROUGH THIS SITE AND UNDER THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GREEN BAG LUNCH 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.

    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.

    GREEN BAG LUNCH 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 GREEN BAG LUNCH BE LIABLE FOR SUCH DAMAGES RESULTING FROM THE ACTIONS OR CONDUCT OF ANY GREEN BAG LUNCH SUBSCRIBER OR USER. GREEN BAG LUNCH 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, GREEN BAG LUNCH'S AGGREGATE LIABILITY FOR ANY LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND INCLUDING THAT WHICH MAY BE DUE TO GREEN BAG LUNCH'S ACTUAL OR ALLEGED GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SHALL NOT EXCEED THE AMOUNT OF ALL MONIES PAID BY YOU TO GREEN BAG LUNCH IN CONNECTION WITH THE SERVICES OFFERED THROUGH THE SITE AND UNDER THESE TERMS OF SERVICE.

    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.

    GREEN BAG LUNCH CANNOT AND DOES NOT GUARANTEE THAT YOUR CHILD SHALL BE FREE FROM ALLERGIC REACTION TO ANY FOOD ITEMS SELECTED BY YOU AND PROVIDED BY GREEN BAG LUNCH, AND YOU SHALL BE SOLELY RESPONSIBLE FOR MONITORING FOR, AND PROTECTING YOUR CHILD AGAINST, ANY SUCH REACTIONS. GREEN BAG LUNCH 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.

12. Hold Harmless and Indemnification.
    By using the Site or taking delivery of the Food items, you agree to indemnify, defend, and hold Green Bag Lunch and its respective parents, subsidiaries, affiliates, employees, contractors 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 these Terms of Service or the infringement of any intellectual property or other right of any person or entity.
    
    
13. Choice of Law/Forum.
    These Terms of Service shall be governed by the laws of the State of Illinois in the United States of America, excluding its conflicts of law provisions and the United Nations Convention on Contracts for the Sale of Goods.
    
    
14. 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 these Terms of Service 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.
    
    
15. Entire Agreement.
    It is hereby acknowledged that these Terms of Service 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.
    
    
16. Surviving Provisions.
    The provisions of Sections 4-16these Terms of Service shall survive any termination of these Terms of Service.