Terms of Service

[Last Updated June 17, 2018]

LunchPro, LLC (“LunchPro”) operates its website at www.lunchpro.com and supporting mobile apps (iOS and Android) (collectively, the “Site”). Please read the following Terms of Service carefully before using the Site. The Privacy Statement is hereby incorporated by reference, as if fully set forth herein. This Terms of Service sets forth the terms and conditions that apply to the use of the Site by You (defined below).

  1. Applicability & Acceptance of These Terms of Service.

By viewing, using, accessing, browsing, or submitting any content or material on the Site, you agree to these Terms of Service as a binding legal agreement between you and LunchPro, without limitation or qualification. The term “You” or “you” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Site.

If you do not agree to these Terms of Service, then you may not use the Site. LunchPro reserves the right to modify these Terms of Service at any time without prior notice.

You agree that each visit you make to the Site shall be subject to the then-current Terms of Service, and continued use of the Site now or following modifications in these Terms of Service confirms that you have read, accepted, and agreed to be bound by such modifications.

  1. Changes in Terms and Conditions.

LunchPro reserves the right, in its sole discretion, to change or discontinue any aspect or feature of the Site with or without notice and/or the services offered on or through the Site (or any part thereof), including but not limited to the Site’s features, look, feel, and functional elements and related services, content, hours of availability, and/or modifications regarding our order process.

LunchPro also reserves the right to change or modify the terms and conditions applicable to your use of the Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on the Site, or by electronic or conventional mail, or other means by which you obtain notice thereof. Any use of the Site by you subsequent to such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.

  1. License.
  1. Scope. LunchPro grants you permission (which may be revoked at any time for any reason or no reason) to view the Site and to download, email, share via social networking or print individual pages from the Site in accordance with these Terms of Service and solely for your own personal use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Site, except as specifically noted above. Except as specifically authorized by LunchPro, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. LunchPro reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent of LunchPro. You may like or follow LunchPro or share links to the Site via social networking technology referenced on the Site. Any rights not expressly granted herein are reserved.
  1. Conduct. You agree that your use of the Site and/or services on the Site is subject to all applicable local, state and federal laws and regulations.

You also agree:

    • use the Site for lawful purposes only;
    • to comply with US law and local laws or rules regarding online conduct and acceptable material;
    • not to use the Site or its services or submit content to the Site if you are under the age of 13;
    • not to use the Site to purchase alcohol unless you and the alcohol recipient is 21 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery;
    • not to access the Site or services using a third-party’s account/registration without the express consent of the account holder;
    • not to use the Site for illegal purposes;
    • not to use the Site in any unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable manner;
    • not post or transmit through the Site any material which violates or infringes in any way upon the rights of others;
    • not post or transmit through the Site any material which contains advertising or any solicitation with respect to products or services, unless LunchPro shall have expressly approved such material in advance of its transmission
    • not to commit any acts of infringement on the Site or with respect to content on the Site;
    • not to use the Site to engage in commercial activities apart from sanctioned use of LunchPro services;
    • not to copy any content, including, but not limited to LunchPacks, for republication in print or online;
    • not to attempt to gain unauthorized access to other computer systems from or through the Site;
    • not to interfere with another person’s use and enjoyment of the Site or another entity’s use and enjoyment of the Site;
    • not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
    • not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site.
  1. LunchPro’s Discretion. Any conduct that in LunchPro’s sole and absolute discretion restricts or inhibits any other user from using or enjoying the Site is expressly prohibited.
  1. Harm from Commercial Use. You agree that the consequences of commercial use or re-publication of content or information from the Site may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that LunchPro shall be entitled to temporary and permanent injunctive relief to prohibit such use.
  1. Nature of Material. Some of the services offered by LunchPro on the Site allow you and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material to the Site (collectively, “Submissions”).

You agree not to create any Submission that:

  • contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
  • is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
  • unfairly interferes with any third party’s uninterrupted use and enjoyment of the Site; advertises, disparages, promotes or offers to trade any goods or services in any manner that does not comport with the purpose or spirit of the Site;
  • is intended primarily to promote a cause or movement, whether political, religious or other;
  • contains copyrighted content (copyrighted articles, illustrations, images, text, or other content) without the express permission of the owner of the copyrights in the content;
  • constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
  • discloses any personal identifying information relating to or images of a minor without consent of a parent, guardian or educational supervisor;
  • infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
  • contains viruses or other harmful, disruptive or destructive files;
  • harms or is inappropriate for minors to view;
  • links to any commercial or other website; and/or
  • is not otherwise in compliance with these Terms of Service.
  1. Representations and Warranties.

Each time you use the Site or provide a Submission to the Site, you represent and warrant that you have the right to provide such Submission, which means:

  • you are the author of the Submission;
  • the Submission is not protected by copyright law;
  • you have express permission from the copyright owner to use the Submission in connection with the Site;
  • you have the right to grant LunchPro the license set out in these Terms of Service; and/or
  • your use of the Site and Submission(s) do not violate these Terms of Service.
  1. License Grant to LunchPro.

You grant LunchPro, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Submissions you provide to LunchPro in any form, media, software or technology of any kind now existing or developed in the future.

You also grant LunchPro the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute and/or reproduce your Name, Company, affiliated drug and photograph on the Site and/or the LunchPad used and displayed in medical offices.

Without limiting the generality of the previous sentence, you authorize LunchPro to include the Submissions you provide in a searchable format that may be accessed by other users of the Site. You also grant LunchPro and its related entities the right to use any personally identifiable information included with any Submission in connection with the use, reproduction or distribution of such Submission. You also grant LunchPro the right to use the Submission and any facts, ideas, concepts, know-how or techniques contained in any Submission or communication you send to LunchPro for any purpose whatsoever, including but not limited to, developing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Site, without compensation of any sort to you. LunchPro does not claim ownership of Submissions.

  1. Credit Card Authorization & Charge(s). You hereby authorize LunchPro (and/or its credit card processor) to (i) place a hold on your credit card of up to 125% of the total food purchase when You place a food order through the Site (to ensure that You have sufficient funds to cover the food order purchase); and (ii) charge your credit card(s) on file for any and all of Your food purchases made through the Site. The final food order credit card charge typically occurs after the meal has been delivered and within four (4) hours from the beginning of any scheduled meal appointment slot. For further information, please contact customerservice@lunchpro.com.
  1. Disclaimer of Responsibility for Material.

Submissions are not endorsed by LunchPro, and do not represent the views of LunchPro or its parents, subsidiaries, members, and affiliates, agents, officers or directors. You acknowledge and agree that LunchPro does not control all Submissions, and disclaims any responsibility for such Submissions. LunchPro specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submissions. In addition, LunchPro does not represent or warrant that any other content or information accessible via the Site is accurate, complete, reliable, current or error-free. LunchPro assumes no responsibility or liability for any errors or omissions in the content of the Site.

LunchPro reserves the right (but disclaims any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions that LunchPro believes, in its absolute and sole discretion, may violate the Terms of Service. However, LunchPro disclaims any duty, obligation or responsibility to comply with such request except as specifically outlined in this paragraph. LunchPro also reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions on the Site for any reason or no reason whatsoever, in its absolute and sole discretion.

  1. Proprietary Rights.

You acknowledge and agree that the Site contains proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Service without prior, written permission of LunchPro. All Site design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language, scripts, active server pages, and other content and software used in the Site are hereby reserved by LunchPro.

“LunchPro” and “Feed Your Business” are LunchPro trademarks. Such trademarks and other marks, logos, and names of LunchPro or the Site, used on or in connection with the Site may not be used in connection with any product or service that is not under LunchPro’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits LunchPro. All other trademarks not owned by LunchPro (or its affiliates) that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LunchPro or its affiliates. All other trademarks appearing on the Site are the property of their respective owners. All rights reserved.

  1. Downloading of Intellectual Property.

The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, logos, and photos shared between LunchPro and third parties. Furthermore, the entire contents of the Site are copyrighted as a collective work/compilation. LunchPro owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. In the event of any copying permitted in writing by LunchPro, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that it does not acquire any ownership rights by downloading copyrighted material.

  1. Your Account, Password, and Security at Your Risk.

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK.

Use of the Site services requires that you register and/or create an account (“Account”) or use the Site as a guest. To register and create an Account, you must select an account designation and password and provide certain personal information. In consideration of the use of the Site’s services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LunchPro has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LunchPro has the right to refuse any and all current or future use of the Site (or any portion thereof).

You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password.

You agree to (a) immediately notify LunchPro of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including 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. LunchPro shall not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.

LunchPro may terminate your Account at any time, for cause or no cause, with or without written (including electronic) notice. In addition, the use of profanity and unsolicited advertising will not be tolerated on the Site and you should expect to be immediately terminated if this policy is violated. In addition, LunchPro retains the right to edit and delete any messages on our Site which might conflict with this policy.

  1. Disclaimer of Warranties & Limitation of Liability

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITE (WHETHER PROVIDED BY LUNCHPRO, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, FOOD/BEVERAGE ORDERS, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUNCHPRO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. FURTHERMORE, LUNCHPRO MAKES NO WARRANTIES ABOUT THE ACCURACY, OR LIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE, SUBMISSIONS, TEXT, GRAPHIC, AND LINKS ON THE SITE, THE SERVICES PROVIDED BY LUNCHPRO, AND ALL MATERIAL POSTED ON THE SITE.

NEITHER LUNCHPRO, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.

NEITHER LUNCHPRO, NOR ITS AFFILIATES, INFORMATION PROVIDERS, ON CONTENT PARTNERS SHALL BE LIABLE FOR, AND HEREBY DISCLAIMS LIABILITY FOR, ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

IN NO EVENT SHALL LUNCHPRO OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF LUNCHPRO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITE. LUNCHPRO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITE.

LUNCHPRO ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITE LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL LUNCHPRO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO LUNCHPRO OR A RESTAURANT, IF ANY, OR (B) $100 (WHICHEVER IS LESS).

YOU AND LUNCHPRO AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF SERVICE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND LUNCHPRO AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF SERVICE ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

  1. Indemnification.

You agree to defend, indemnify and hold harmless LunchPro, its parents, subsidiaries, affiliates and their respective directors, officers, members, shareholders, employees, attorneys, agents, and assigns from and against all any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys’ fees, made by anyone in connection with your use of the Site, use or misuse of accounts and/or passwords, with your Submissions, with any alleged infringement of intellectual property or other right of any person or entity relating to the Site, your violation of these Terms of Service, and/or any other acts or omissions relating to the Site.

  1. Site’s Content.

A large portion of the Site’s content is supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of LunchPro. Neither LunchPro, nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. LunchPro neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by anyone other than employee spokespersons of LunchPro while acting in their official capacities.

  1. Links to Third Party Sites.

As a courtesy to you, the Site may offer links to other websites. Some of these websites may be affiliated with LunchPro while others are not. These links are provided solely as a convenience to you and not as an endorsement by LunchPro of the contents on such third-party websites. LunchPro is not responsible for the contents of any website pages created and maintained by organizations independent of LunchPro and does not make any representations regarding the content or accuracy of materials on such third party websites. Visiting any such third-party website pages is at your own risk. LunchPro has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by LunchPro. By using the Site you acknowledge that LunchPro is NOT responsible for the availability of, nor the content located on or through any third-party website pages.

  1. Jurisdiction, Applicable Law, and Limitations.

This Site is created and controlled by LunchPro in the State of Texas. You agree that these Terms of Service will be governed by and construed in accordance with the laws of the United States of America and the State of Texas, without regard to its conflicts of law provisions. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service. LunchPro makes no claims or assurances that the Site is appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms of Service, or services available on or through the Site must be filed in a federal or state court located in Dallas County, Texas, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

  1. General.
  1. Enforceability. If any portion of these Terms of Service 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. The remainder of these Terms of Service shall continue to be enforceable and valid according to terms contained herein.
  1. Entire Agreement. Except as expressly provided in the “Privacy Statement” or other notice on particular pages of the Site, these Terms of Service, the Privacy Statement and other notices, if any, constitute the entire agreement between you and LunchPro, superseding all prior agreements regarding the Site.
  1. No Waiver. The failure of LunchPro to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Service or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
  1. Headings & Construction. The section titles in the Terms of Service are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Service shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
  1. Contact LunchPro. For purposes of providing notice of cancellation or termination, contact us at:  customerservice@lunchpro.com or LunchPro LLC, 8111 LBJ Freeway, Suite 1460, Dallas, Texas 75251.

Copyright © June 2018 LunchPro, LLC. All Rights Reserved.

Privacy Statement

[Last Updated June 17, 2018]

LunchPro, LLC (“LunchPro”) takes your privacy seriously. Your privacy is important to us!

This Privacy Statement describes the types of personal information we obtain, how we may use that personal information, with whom we may share it and how you may exercise your rights regarding our processing of that information. The Privacy Statement also describes the measures we take to safeguard the personal information we obtain and how you can contact us about our privacy practices.

LunchPro operates its website www.lunchpro.com and supporting mobile apps (iOS and Android) (collectively, the “Site”). Please read the following Privacy Statement carefully before using the Site. Our Privacy Statement describes information that we collect about you and others and what may happen to that information. For further clarifications regarding this Privacy Statement, we ask that you contact us directly at customerservice@lunchpro.com.

By completing the registration process you become a “User” to LunchPro.

Upon registration completion, you agree to accept the terms of the registration as if you had signed it. LunchPro reserves the right to change this agreement at any time and such changes will be effective immediately upon posting the revised Privacy Statement on the Site or transmission of notice by e-mail or any other means. Each time you use the Site reaffirms your acceptance of the then current Privacy Statement. If you do not wish to be bound by this agreement, you may discontinue using the Site at any time.

  1. Personal Information We Obtain.

We obtain personal information through your interaction with the Site, such as when you create an account, book a medical office appointment, order food and/or correspond with LunchPro in anyway.

The types of information we obtain include:

  • Contact Information (such as name, email address, telephone number, address, company and affiliated drug);
  • Information used to created your online account (username and password);
  • Business profile and practice(s) information;
  • Photograph(s);
  • Billing and financial information (such as name, billing address, payment card details and bank account information and purchase history);
  • Location Data (such as data derived from your IP address, State/Country and Zip code);
  • The precise geolocation of your mobile device; and
  • Any other personal information you may submit in connection with your use of the Site;
  1. Information We Collect.

All of the information provided to us by our Users is stored on secure computers, where it is made available only to LunchPro staff members and/or contractors.

We use a feature on your website browser called “cookies” to automate certain aspects of our Site. Cookies are very small files that are stored on your computer and that enable us to recognize your computer each time that you return to our Site. By using cookies, we can keep track of your preferences, what you have already seen on your website and what you haven’t, and any personalization that you’ve done without requiring you to enter the same information every time you visit the Site. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our Site and you may be required to reenter your Account, password or other information more frequently during a session.

When you post messages on our Site, we will collect information that you provide to us. If you send us personal correspondence, such as email or letters, or if others or third parties send us correspondence about your activities or postings on this Site, we may collect such information into a file specific to you.

  1. Our Use of Your Information.

We use information in the file we maintain about you, and other information we obtain from your current and past activities on the Site to resolve disputes, troubleshoot problems and enforce our User agreements and other purposes.

For example, we may also keep track of your food preferences, company and drug affiliations, restaurant choices, medical office preferences and geographic location and analyze that information. We do so in order to be able to e-mail you information or solicitations that best fit your needs. You agree that we may use personally identifiable information about you to improve our marketing and promotional efforts, to analyze Site usage, and customize our Site’s content, layout, and/or services.

If you choose to order from our Site and have a customer service representative from LunchPro or from a company contracted by LunchPro confirm your order, such persons will have access to your address and billing information that we have on file for you. We ask that you continuously update any credit card information on your Account.

You agree that we may use information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, and communications which are relevant to your use of the Site.

  1. How Do We Store Your Personal Information?

Protecting your privacy is important to us. We hold the personal information that you provide in a variety of secure cloud based computer storage facilities and take steps to protect the information we hold from misuse, loss, unauthorized access, modification and disclosure.

We may need to maintain records containing your personal information for a significant period of time. However, when we consider information is no longer needed, we will remove any details that will identify you or we will securely destroy the records.

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorized use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.

For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.

In some circumstances we may anonymize your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

  1. Our Disclosure of Your Information.

Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Statement. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or other Users may abuse or misuse your information that they collect from our Site. Therefore, although we intend to use industry standard practices to protect your privacy, we do not promise, and you should not expect that your personally identifiable information or private communications will always remain private.

LunchPro is committed to protecting your privacy.

We do not sell, trade, rent or disclose your personal information to others. The following describes some of the ways that your personal identifiable information may be disclosed.

  1. Advertisers. We aggregate (gather up data across all user accounts) personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for marketing and other promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally. We do reserve the right to disclose certain information to a limited number of advertisers; however, your credit card information will never be revealed to any anyone.
  1. LunchPro Community. Throughout the Site, you are identified by your e-mail address, as such, your e-mail will disclosed to other users and third parties, including without limitation medical offices. As a result, other users and third parties might send you unsolicited email and be able to personally identify all of your public activities on the Site.
  1. External Service Providers. In an effort to serve you better, we may use external service providers to facilitate our services (i.e., search, discussion boards, and surveys) and therefore we may provide some of your personally identifiable information directly to them. In some instances, the external service provider may collect information directly from you (such as the situation where we ask an external service provider to conduct a survey for us). If you provide additional information to an internal service provider directly, then their use of your information is governed by their privacy policy.
  1. Legal Requests. LunchPro cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as violations that might conflict with any agreements with or policies of your employer or contractor. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of any unlawful activity.
  1. Your Rights and Choices.

LunchPro offers you certain choices in connection with the personal information we obtain about you, such as how we use the information and how we communicate with you. To update your preferences, limit the communications you receive from us or submit a request, please contact us at customerservice@lunchpro.com. You can also unsubscribe from our mailing lists by following the “Unsubscribe” link in our emails.

To the extent provided by the law of your jurisdiction, you may request access to the personal information we maintain about you or request that we correct, update, amend or delete your information, or that we restrict the processing of such information by contacting us as indicated above. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. To the extent permitted by applicable law, a charge may apply before we provide you with a copy of any of your personal information that we maintain. Depending on your location, you may have the right to file a complaint with a government regulator if you are not satisfied with our response.

  1. When can you access personal information that we hold about you?

Subject to some legal exceptions, you can gain access to the personal information that we hold about you. We may refuse your request for access in circumstances where honoring your request would interfere with the privacy rights of others or would breach an obligation of confidentiality that attaches to the relevant information. If you wish to access your personal information, you will need to email us at customerservice@lunchpro.com. We have established a procedure to respond to these requests within thirty (30) days.

  1. Reviewing and Changing Your Personally Identifiable Information.

Following registration, you can review and change the information you submitted during registration including:

  • Your email address. If you change your email we keep track of your old account and your new email.
  • Your registration information such as name, company, address, city, state, zip code, email, primary phone number, and secondary phone number.
  • Your password.
  • Your credit card number and expiration date, and other financial information. You must promptly update your information if it changes.

Upon your written request, we will deactivate your account, contact information, and financial information from our database. To make this request, email customerservice@lunchpro.com. Such information will be deactivated as soon as reasonably possible in accordance with our deactivation policy and applicable law; provided, however, such prior information is never completely removed from our databases due to technical and legal constraints, including stored “back up” systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your requests. 

  1. Security of User Data.

This Site has security measures in place to protect against the loss, misuse, and alteration of the information under our control, including your personal data. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, despite our efforts to protect your personal information, LunchPro cannot guarantee or warrant the security of any information you transmit to us. You transmit all such information at your own risk; however, we have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.

  1. Web Sites Links.

We are not responsible for the practices employed by websites linked to or from our Site nor the information or content contained therein. Often links to other websites are provided solely as pointers to information on topics that may be useful to the Users of our Site.

Please remember that when you use a link to go from our Site to another website, our Privacy Statement is no longer in effect. Your browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.

  1. Sensitive Data.

We do not collect any sensitive data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We also do not collect any information about criminal convictions and offences.

  1. Children.

LunchPro will not collect personally identifiable information from any person identified to LunchPro to be under the age of 13 years old. If a child under the age of 13 years of age attempts to register with LunchPro, we will not consider the request unless a parent or guardian establishes the account. LunchPro is committed to the protection and safety of children using the World Wide Web and recommends that children under the age of 13 years of age seek permission from a parent or legal guardian before sending personal information to anyone online.

  1. Termination.

LunchPro may terminate your account with us at any time, for cause or no cause, with or without written (including electronic) notice. In addition, the use of profanity and unsolicited advertising will not be tolerated by LunchPro and Users should expect to be immediately terminated if this policy is violated. In addition, we retain the right to edit and delete any messages on our Site which might conflict with this policy. If you notice a violation of this policy, please contact us at customerservice@lunchpro.com.

  1. Changes to This Privacy Statement.

This Privacy Statement may be updated from time to time as our services change and expand. If we change this Privacy Statement, we will post those changes here, and your continued use of this Site will signify your acceptance of the new Privacy Statement.

  1. Contact LunchPro. For purposes of providing notice of cancellation or termination, contact us at:  customerservice@lunchpro.com or LunchPro LLC, 8111 LBJ Freeway, Suite 1460, Dallas, Texas 75251.

Copyright © June 2018 LunchPro, LLC. All Rights Reserved.

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