- To
benefit you and all other visitors with continued great service from
LunchPlusCard.com it is required that you read the following
disclaimer:
Note: By
proceeding to use this website you hereby agree to and accept all of
the terms and conditions that follow. As
owner of the this website, LunchPlusCard.com reserves the right to
title every visitor to this website as a "user". From
hereto forth, every visitor who connects to LunchPlusCard.com is
classified as a "User".
I. Site Abuse will not be tolerated
- LunchPlusCard.com
reserves the right to remove and prevent any content that is
considered to be offensive, distasteful, discriminatory, unlawful
and or of any such similar relevance. Removal of such content will
consist of the inactivation of the User's account without a
refund.
II. Affiliations
- LunchPlusCard.com
is not affiliated with any organizations or individuals who use
this site.
- LunchPlusCard.com
is not affiliated with or responsible for any transactions that
occur within any of the services operated and owned by the User.
III. Separation from LunchPlusCard.com and the "User"
- The
User of LunchPlusCard.com acknowledges that he/she utilizes the
offered services for their own purposes.
- The
User acknowledges that the Internet is neither owned nor
controlled by any one entity; therefore, LunchPlusCard.com can
make no guarantee that any given reader shall be able to access
LunchPlusCard.com's server at any given time.
- LunchPlusCard.com
shall make every good faith effort to ensure that its server is
available as widely as possible and with as little service
interruption as possible.
IV. Financial Arrangements
- Renewal
prices are subject to change. Renewal of services by User
indicates agreement to this entire Policy.
- Taxes:
LunchPlusCard.com shall not be liable for any taxes or other fees
to be paid in accordance with or related to purchases made from
User or LunchPlusCard.com's server. User agrees to take full
responsibility for all taxes and fees of any nature associated
with such products sold.
- Material
and Products:
1. User will provide LunchPlusCard.com with material and data in a
condition that is "server-ready", which is in a form
requiring no additional manipulation on the part of
LunchPlusCard.com. LunchPlusCard.com shall make no effort to
validate this information for content, correctness or usability.
2. LunchPlusCard.com will exercise no control whatsoever over the
content of the information passing through the network.
LunchPlusCard.com makes no warranties or representations of any
kind, whether expressed or implied for the service it is
providing. LunchPlusCard.com also disclaims any warranty of
merchantability or fitness for particular purpose and will not be
responsible for any damages that may be suffered by the User,
including loss of data resulting from delays, non-deliveries or
service interruptions by any cause or errors or omissions of the
User. Use of any information obtained by way of LunchPlusCard.com
is at the User's own risk, and LunchPlusCard.com specifically
denies any responsibility for the accuracy or quality of
information obtained through its services. Connection speed
represents the speed of a connection to your ISP and does not
represent guarantees of available end to end bandwidth.
LunchPlusCard.com is not responsible for damages to the User for
any non-accessibility time or other down time to the prorata
monthly, 6 monthly or yearly charge during the system
unavailability. LunchPlusCard.com specifically denies any
responsibilities for any damages arising as a consequence of such
unavailability. In the event that this material is not
"Server-ready", LunchPlusCard.com may, at its option and
at any time, reject this material, including but not limited to
after it has been put on LunchPlusCard.com's Server. If the User
fails to modify the material, as directed by LunchPlusCard.com,
within a reasonable period of time, which shall be determined
between the parties themselves, the Agreement shall be deemed to
be terminated.
V. Hardware, Equipment & Software:
- The
User is responsible for and must provide all telephone, computer,
hardware and software equipment and services necessary to access
LunchPlusCard.com. LunchPlusCard.com makes no representations,
warranties or assurances that the User's equipment will be
compatible with the LunchPlusCard.com service.
VI. Age:
- The
Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette:
- LunchPlusCard.com
services such as Classifieds, Yard Sale Ads, etc... all have
expectations regarding subject area and appropriate etiquette for
posting. Users of these services should be considerate of the
expectations and sensitivities of others on the network when
posting material for electronic distribution. The network
resources of LunchPlusCard.com may not be used to impersonate
another person or misrepresent authorization to act on behalf of
others or LunchPlusCard.com. All messages transmitted via
LunchPlusCard.com should correctly identify the sender; users may
not alter the attribution of origin in electronic mail messages or
posting. Users must not attempt to undermine the security or
integrity of computing systems or networks and must not attempt to
gain unauthorized access.
VIII. Limited Liability:
- 1.
User expressly agrees that use of LunchPlusCard.com's Server is at
User's sole risk. Neither LunchPlusCard.com, its employees,
affiliates, agents, third party information providers, merchants
licensers or the like, warrant that LunchPlusCard.com's Server
service will not be interrupted or error free; nor do they make
any warranty as to the results that may be obtained from the use
of the Server service or as to the accuracy, reliability or
content of any information service or merchandise contained in or
provided through the LunchPlusCard.com Server service, unless
otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall
LunchPlusCard.com, its offices, agents or any one else involved in
creating, producing or distributing LunchPlusCard.com's Server
service be liable for any direct, indirect, incidental, special or
consequential damages that result from the use of or inability to
use the LunchPlusCard.com Server service; or that results from
mistakes, omissions, interruptions, deletion of files, errors,
defects, delays in operation, or transmission or any failure of
performance, whether or not limited to acts of God, communication
failure, theft, destruction or unauthorized access to
LunchPlusCard.com's records, programs or services. User hereby
acknowledges that this paragraph shall apply to all content on
LunchPlusCard.com's Servers.
3. Notwithstanding the above, User's exclusive remedies for all
damages, losses and causes of actions whether in contract, tort
including negligence or otherwise, shall not exceed the aggregate
dollar amount which User paid during any given monthly period not
exceeding $250 or equivalent monthly amount if paid yearly,
whichever is less. LunchPlusCard.com will not be responsible for
any attorney's fee and court costs.
IX. Lawful Purpose:
- User
may only use LunchPlusCard.com's Server for lawful purpose.
Transmission of any material in violation of any Federal, State or
Local regulation is prohibited. This includes, but is not limited
to copyrighted material, material legally judged to be threatening
or obscene, pornographic, profane, or material protected by trade
secrets. This also includes links or any connection to such
materials.
X. Indemnification:
- User
agrees that it shall defend, indemnify, save and hold
LunchPlusCard.com harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorneys' fees,
("Liabilities") asserted against LunchPlusCard.com, its
agents, its customers, servants officers and employees, that may
arise or result from any service provided or performed or agreed
to be performed or any product sold by User, its agents, employees
or assigns. User agrees to defend, indemnify and hold harmless
LunchPlusCard.com against Liabilities arising out of (i) any
injury to person or property caused by any products sold or
otherwise distributed in connection with LunchPlusCard.com's
Server; (ii) any material supplied by User infringing or allegedly
infringing on the proprietary rights of a third party; (iii)
copyright infringement and (iv) any defective product which User
sold on LunchPlusCard.com Server.
XI. Discriminatory Content
- LunchPlusCard.com
is not liable for any User content that is considered to be
offensive, distasteful, discriminatory, unlawful and or of any
such similar relevance.
XII.
Participant Involvement
-
All LunchPlusCard
participants (locations which accept the LunchPlusCard)
may choose to accept or refuse the LunchPlusCard
at their own will.
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