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All Modules developed by Education
Management Systems, Inc./Meals Plus. No
third party software
This Agreement applies to your use of MealsPlus.com
and ems-isis.com. This Agreement affects your
rights and you should read it carefully.
This User
Agreement ("Agreement") with Education Management
Systems, Inc. ("we," "us" or "our") applies to
use of the mealsplus.com
and ems-isis.com facilities and the related.
In this Agreement, "you" or "your" means any
person or entity using the Facilities. By checking
the consent box on the registration page or using
the Facilities, you agree to the terms and conditions
of this Agreement.
DISCLAIMER OF WARRANTIES; LIMITATION
OF LIABILITY.
(A) THE
FACILITIES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. WE MAKE NO WARRANTY AND DISCLAIM
LIABILITY THAT THE FACILITIES WILL BE UNINTERRUPTED,
ERROR FREE OR FREE FROM VIRUSES OR OTHER DEFECTS
OR HARMFUL COMPONENTS, NOR DO WE MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE
OF, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT
OF ANY INFORMATION OR SERVICE PROVIDED THROUGH
THE FACILITIES. WE MAKE NO WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(B) THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY CLAIMS,
LOSSES, ACTIONS, DAMAGES OR INJURY RESULTING
FROM ANY FAILURE OF PERFORMANCE OF THE FACILITIES,
ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT,
UN-TIMELINESS OR NON-AUTHENTICITY OF ANY INFORMATION,
DELAY OR INTERRUPTION IN OPERATION OR TRANSMISSION,
INTERCEPTION OF TRAFFIC SENT OR RECEIVED, COMMUNICATION
LINE FAILURE, SECURITY BREACH, EAVESDROPPING,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF INFORMATION, OR THE
USE OF THE FACILITIES.
(C) IN
NO EVENT WILL WE BE LIABLE FOR ANY PUNITIVE DAMAGES,
OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR SIMILAR DAMAGES ARISING OUT OF THE USE OF
OR INABILITY TO USE THE FACILITIES.
6. PRIVACY.
We may
collect information about you and your use of
the Facilities. Use and disclosure of such information
is governed by the Privacy Policy which is posted
on the Facilities. By using the Facilities, you
consent to the terms of our Privacy Policy.
7. TERMINATION.
You may
terminate this Agreement at any time by providing
written notice to us. We may immediately terminate
this Agreement without notice, including but
not limited to if you engage in any conduct which
we, in our sole discretion, consider to be unacceptable,
or if you breach this Agreement. Sections 5,
6, 7, 11 and 12(C) will survive termination of
this Agreement.
8. TRADEMARKS.
mealsplus.com
and ems-isis.com and all related logos, products
and services described in the Facilities are
trademarks or registered trademarks of ours.
The Facilities
is our property and may contain copyrighted material,
trademarks and other proprietary information,
including, but not limited to, text, software,
photos, video, graphics, music and sound. The
content, and the selection, coordination, arrangement
and enhancement of such content, are our property.
You may not modify, publish, transmit, distribute,
participate in the transfer or sale, create derivative
works, or in any way exploit, any of the content,
in whole or in part.
9. LINKS
TO OTHER FACILITIES.
We may
provide links on our web site to other facilities
which are not under our control. In general,
any Web site which has an address (or URL) which
does not contain "mealsplus.com" or "ems-isis.com" is
such a facilities. These links are provided for
convenience only and are not intended as an endorsement
by us of the organization or individual operating
the Web site or a warranty of any type regarding
the web site or the information on the facilities.
10. INDEMNIFICATION.
You agree
to defend, indemnify and hold us, and our affiliates,
and our and their respective officers, employees,
agents 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 or your child with respect to the Facilities,
a Prepayment or your child's school.
11. MISCELLANEOUS
TERMS.
(A) Entire
Agreement.
This Agreement,
other agreements, policies and any operating
rules posted on the Facilities or provided to
you through the Call Center constitute the entire
agreement between you and us with respect to
your use of the Facilities, and supersede all
previous written or oral agreements between the
parties with respect to such subject matter.
(B) Change
in Terms.
We reserve
the right at any time to change, add to or delete
any aspect or feature of the Facilities and the
terms and conditions of this Agreement, including,
but not limited to, with respect to fees for
use. We will provide notice of any such changes
by posting notice to the Facilities or as otherwise
required by law. Any use of the Facilities by
you after such notice shall be deemed to constitute
acceptance by you of such changes.
(C) Applicable
Laws.
This Agreement
is governed by the laws of the State of North
Carolina without regard to its conflict of laws
provisions.
(D) Waiver.
Any waiver
of our rights must be in writing and signed by
us. No waiver of any breach or default hereunder
shall be deemed to be a waiver of any preceding
or subsequent breach or default.
Privacy Statement
In this policy, "we," "our" or "us" means
Education Management Systems, Inc. and "you" or "your" means
any person or entity using the LunchPrepay.com™ website
or the related call center (collectively the "Facilities").
Please read the following closely to learn more
about our privacy policy.
I. INFORMATION WE COLLECT.
We collect nonpublic personal
information about you from the following sources:
- Information we receive
from you on registration or other forms or
from use of the Facilities;
- If you visit our website,
information about you through "cookies" (pieces
of electronic information placed on your computer's
hard drive in order to facilitate online activities);
II. INFORMATION WE MAY DISCLOSE.
We will disclose nonpublic
personal information to others ("third parties")
as follows.
We may disclose all of the
nonpublic personal information we collect to
companies that perform services on our behalf.
We may disclose all of the
nonpublic personal information we collect as
permitted by law, such as to servicing and processing
companies, or in response to a subpoena.
Ben Hooks
Education Management Systems, Inc
support@ems-isis.com
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