This Agreement applies to your use of myMealTime.com™ payment service and any
related products and services (collectively the "Service"). This Agreement
affects your rights and you should read it carefully.
This User Agreement ("Agreement") with The CLM Group, Inc. ("we," "us" or
"our") applies to use of the myMealTime.com™ website ("Website") and the
related call center ("Call Center"). In this Agreement, "you" or "your" means
any person or entity using the Website or Call Center (the "Facilities"). By signing up for a profile,
checking the consent box on the Deposit page or using the Facilities, you
agree to the terms and conditions of this Agreement.
1. USE OF FACILITIES
You may use the Facilities in one or more of the following ways:
money ("Deposits") into your student’s MealTime Point of Sale cafeteria account
or other accounts set up ("Accounts") at participating schools. The
Facilities may not be used by anyone who is not at least 18 years old.
(B) Obtain information about the balance of
Accounts at your
student's school. You authorize us and your student's school to share
information in connection with our operation of the Facilities.
(C) Apply for free or reduced price school meals.
You may not use the Facilities if you are not at least 18 years old.
You will receive a username and password to use the
Facilities. You shall be responsible for protecting the confidentiality of
the username and passwords and should not permit any other person to use your
username and password.
3. DEPOSITS TO SCHOOLS
(A) You may make Deposits by using a
credit card. Use of Deposits at your student's school is governed
exclusively by your agreement or arrangement with the school, and we are not
responsible for the school's handling of Deposits after the school
receives the funds.
(B) Deposits will be processed promptly
for your student's use. The frequency of Deposit updates to your student’s
account is determined by your school district. However, a number of factors,
several of which are outside of our control, will contribute to when the
Deposits are received by the school. We make no representations or warranties
regarding the amount of time needed to complete processing, such as delays in
the banking system or school district network connectivity.
(C) There is a fee associated with use of
the Website for making Deposits. There is no fee when using this Website to
submit a Free & Reduced Application. The website use fee for making Deposits
may be subsidized by the school or district where your student attends.
In the event the school or district does not subsidize this fee, you will be
notified of the fee on the deposit screen.
If you or the student are not satisfied with any good or
service purchased with a Payment, you agree to resolve the issue with the
student's school. The methods for refunds are determined solely by the school
and/or school district, and you agree to not seek refunds from myMealTime.com™ or
The CLM Group, Inc. If you would like a refund of any Payment amount that has
not been used by your student to purchase goods or services, you must contact
the school directly.
5. 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, NONINFRINGEMENT, 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, UNTIMELINESS OR UNAUTHENTICITY 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.
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 Website. By using the Facilities, you consent to
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, 10 and 11(C) will survive termination of this
"MealTime Online," our logo, myMealTime.com™ and all
related logos, products and services described in the Website are trademarks or
registered trademarks of ours.
The Website 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 WEBSITES
We may provide links on our web site to other websites
which are not under our control. In general, any Web site which has an address
(or URL) which does not contain "myMealTime.com" is such a website. 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 website.
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 student with respect to the
Facilities, a Prepayment or your student's school.
11. MISCELLANEOUS TERMS
(A) Entire Agreement.
This Agreement, other agreements, policies and any
operating rules posted on the Website 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 Website 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
Oregon without regard to its conflict of laws provisions.
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.