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).
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.
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.
You also agree:
You agree not to create any Submission that:
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Copyright © June 2018 LunchPro, LLC. All Rights Reserved.