Terms of Use

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:

(A)   Deposit 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.

2. PASSWORDS

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.

4. REFUNDS

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.

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 Website. 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, 10 and 11(C) will survive termination of this Agreement.

8. TRADEMARKS

"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.

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 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.

(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.