410-356-0048

TERMS AND CONDITIONS

Greetings, welcome to the Express Lunch Box website, which shall be referred to as the "Site". We recommend you read this terms and conditions page carefully. It contains very important information about your rights and obligations as well as limitations and exclusions that may apply to you. The use of this site is conditioned upon your acceptance of and compliance with the Terms and Conditions set forth below (our "Agreement"). These Terms and Conditions and Agreement constitute a valid, binding and enforceable agreement between Express Lunch Box ("Express Lunch Box" which may also be referred to as "ELB", "Us", or "We") and you as our customer ("You", or "Customer"). If you as our Customer have any questions about these Terms and Conditions please send Us an e-mail at Suzanne@expresslunchbox.com. This Agreement shall apply unless You have a separate contract with Us which has been signed by both You and Us in advance, in which case the separate agreement shall govern. Otherwise, this Agreement shall control all aspects of our business relationship. If We do not have a separate agreement with You and if You do not accept the Terms and Conditions set forth below and We do not otherwise grant You a right to use this site, You should exit Our site immediately.

  1. OUR MISSION: We intend to facilitate Your ability to order such meals and snacks as are appropriate for Your child and to deliver the same to Your child’s school on a timely basis and to facilitate Your child’s ability to pick it up at the appropriate time.

  2. OUR PHILOSOPHY: We believe your children, their safety, health and nutrition and your family’s privacy are of paramount importance to our business.

  3. OTHER DOCUMENTS: The Agreement set forth below cannot be altered, supplemented or amended with the use of any other documents unless otherwise agreed to in writing by both You and the ELB.

  4. ACCEPTANCE OF TERMS AND CONDITIONS: By using our Site and/or by completing the Customer Registration Application, clicking on the "I Agree to Terms and Conditions" and further accessing, browsing and/or otherwise using our Site, you acknowledge that You have read, understood and agreed to be bound by these terms and to comply with all applicable laws and use our Site and any other products or services offered on or provided through the Site consistent with the terms of the Agreement.

  5. MODIFICATIONS: Express Lunch Box hereby reserves the right to modify these Terms and Conditions, including any changes in pricing, in its sole and absolute discretion. It will post notice of any such changes on the Site. If You continue to use this Site, after said posting, the terms set forth herein, You have acknowledged acceptance of any such changes.

  6. PARTICIPATING SCHOOLS: In order for Us to deliver lunches to Your child, Your child’s school must have agreed to participate in our program by executing an "ELB School Agreement" which specifies the terms of our delivery, including location within Your child’s school.

  7. REGISTRATION APPLICATION: You hereby agree to:

    1. Provide accurate, current and complete information on the Registration form.

    2. In the event any of the information You provided changes, You shall notify us immediately by amending Your Registration information. In the event any information You provide is false, inaccurate, incomplete, or not current, or if the Company has a reasonable basis to suspect the same, we have the right to suspend or cancel your account.

  8. OUR WARRANTIES: By participating in our programs and using this Site you are representing to Us and thereby warranting the following:
    1. You hereby represent that You are the parent and/or legal guardian of the child or children for whom the meals, snacks, or other food items described on this Site (hereinafter collectively referred to as the "Lunch") are being ordered.

    2. As the parent or legal guardian You have undertaken the sole exclusive responsibility to determine whether the Lunch is appropriate for Your child.

    3. Your acknowledgment and agreement that you are purchasing a food plan for your child of a prefixed nature. Although we strive to suit the individual needs of Your child, the menu cannot be modified without prior arrangement.

    4. Your child’s school must have agreed to participate in our program by executing an ELB School Agreement with Us.

  9. OUR PLEDGE TO YOU: We will do the best we can:
    1. Express Lunch Box shall provide nutritious foods appropriately packaged.
    2. We will use cool packs when appropriate in an effort maintain the quality and integrity of the items provided.
    3. Availability: There may be times when certain items You would like to order are not available in which case We reserve the right to provide alternative items to fulfill Your order. We will do our best to match the order as closely as possible.
    4. Delivery: We cannot control the school’s handling and serving of Your child’s Lunch. We therefore cannot and shall not bear any responsibility or liability for any mishandling, misuse, misidentification, or other negligent activity by Your child’s school or its personnel or agents.

    5. Adverse Weather: In the event of adverse weather or other impediments to delivery, We will do our best to notify You in accordance with Your registration information and will attempt to resume the scheduled delivery as soon as practicable.

  10. PAYMENT BY CREDIT CARD: All payments shall be made by a credit card. In the event Your payment is declined for any reason, You will be notified at the earliest possible time. ELB reserves the right to charge an additional credit card administrative processing fee of $15 as a result of any declined charge or change in credit card. In the event you fail to pay any fees or charges when due, ELB reserves the right to charge interest in the amount of two percent (2%) per month, plus attorney’s fees in the amount of twenty-five percent (25%) of any balance due, plus any other collection costs which ELB may reasonably incur regarding the collection of any balance due.
  11. CHECK OUR SITE OFTEN: ELB reserves the right to change this Site, its fees, billing methods, products, charges, delivery methods and other terms at any time without notice. We therefore recommend You check this Site often for such changes which shall be noted under the "Recent Postings" tab. Any such changes shall be effective thirty (30) days after the date of posting.
  12. TERMINATION:
    1. By You: You may terminate our services at any time provided you forward to us an e-mail at least __3__ days prior to the date You intend to terminate ("Effective Date of Termination"). ELB shall have the right to bill you for all products and services provided up to the Effective Date of Termination.
    2. Reactivation: You have the right to reactive services provided any termination was done on a timely basis and Your account is otherwise in good standing.
    3. By Us: ELB has the right to immediately terminate services as set forth herein or for any reason provided We give you days __3__ notice.
  13. PROTECTION OF YOUR ACCOUNT: It is Your responsibility to maintain the secrecy and confidentiality of Your account number, password and other information. In the event You believe there has been any unauthorized use of Your account, You must immediately notify ELB. Any charges incurred up to that time shall be Your responsibility.


DISCLAIMERS AND OTHER STUFF OUR LAWYERS SAY WE HAVE TO TELL YOU:


  1. LOST DATA: ELB shall have no responsibility in the event any information about You or Your child is deleted or lost. If we fail to provide service to You, it is Your responsibility to notify Us immediately so that We can resume appropriate service as soon as practicable.

  2. INTELLECTUAL PROPERTY: All information, trademarks, service marks, descriptions, processes, methods and other products and materials described or provided through this Site (hereinafter collectively referred to as "Intellectual Property") are the sole property of Express Lunch Box, its agents, contractors, and employees and shall be protected to the fullest extent by copyright, trademark and other Intellectual Property laws. You as the User shall have no right, title or interest in any such Intellectual Property and are strictly prohibited from copying, reproducing in any way, or distributing, publishing or otherwise commercially exploiting any materials provided herein.

  3. INDEMNIFICATION: You hereby agree to indemnify and hold Express Lunch Box, its subsidiaries, affiliate companies, agents, employees, and contractors and each of their respective officers, directors, and employees harmless from any and all claims, demands, actions, liabilities, suits and damages, including reasonable attorney’s fees incurred by any of the aforegoing resulting from Your use of this Site in violation of the Agreement.

  4. SURVIVAL OF AGREEMENT: Unless otherwise provided, the provisions of this Agreement shall survive any termination.

  5. OTHER DISCLAIMERS:

    1. NO MEDICAL OR NUTRITIONAL ADVICE: THIS SITE DOES NOT PROVIDE MEDICAL OR NUTRITIONAL ADVICE.

    2. ELB DOES NOT MAKE AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO ANY INFORMATION PROVIDED, PRODUCTS SOLD OR DISTRIBUTED OR SERVICE PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. ELB DOES NOT REPRESENT, WARRANT OR GUARANTEE THE PRODUCTS, SERVICES, OR INFORMATION PROVIDED THROUGH THIS SITE WILL BE ERROR FREE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL MATERIALS. ADDITIONALLY, NO REPRESENTATIONS OR WARRANTIES ARE MADE WITH REGARD TO ANY RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THIS SITE.

    3. DESCRIPTIONS: ANY INFORMATION, MENU ENTRIES, FOOD AND OTHER PRODUCT DESCRIPTIONS AND INGREDIENTS (COLLECTIVELY REFERRED TO AS THE "DESCRIPTIONS") ARE PROVIDED FOR INFORMATION PURPOSES ONLY. THE DESCRIPTIONS SHOULD NOT BE USED AS A SUBSTITUTE FOR THE ADVICE OF A PHYSICIAN, NUTRITIONIST OR OTHER HEALTH CARE PROVIDER. ANY NUTRITIONAL INFORMATION CONTAINED IN THE DESCRIPTIONS ARE BASED ON INFORMATION PROVIDED INDUSTRY WIDE.

    4. ALLERGIC REACTION: ELB DOES NOT GUARANTEE THAT YOUR CHILD SHALL BE FREE FROM ALLERGIC REACTION TO ANY MEAL PROVIDED AND YOU SHALL REMAIN RESPONSIBLE FOR MONITORING ALL ORDERS PROTECTING YOUR CHILD AGAINST ANY POSSIBLE ALLERGIC REACTION.

    5. INCIDENTAL AND CONSEQUENTIAL DAMAGES: ELB SHALL NOT BE LIABLE OR RESPONSIBLE AND EXPRESSLY DISCLAIMS ANY AND ALL DIRECT, INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES NOTWITHSTANDING PRIOR NOTIFICATION OF ANY ALLERGIC CONDITIONS.

    6. DOWNLOADS: AS THE USER OF THIS SITE, YOU SHALL BE SOLELY RESPONSIBLE FOR ANY MATERIAL OR INFORMATION DOWNLOADED FROM THIS SITE. ELB DISCLAIMS ANY RESPONIBILITIY OR LIABILITY FOR ANY INFORMATION OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE.

    7. DAMAGE TO COMPUTER: ELB SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INACCURACIES, VIRUSES OR ANY DAMAGE CAUSED TO YOUR COMPUTER OR ANYONE ELSES COMPUTER AS A RESULT OF YOUR USE OF THIS SITE, DIRECTLY OR INDIRECTLY.

  6. LINKS TO OTHER SITES: ELB reserves the right at its sole discretion to facilitate, direct or indirectly, such links as it deems appropriate which unless otherwise provided shall be governed by and controlled by any third parties respective terms and conditions. Additionally, as a User, You hereby acknowledge and agree that ELB has no control over third parties abilities to link to this Site and as such bears no responsibility and exerts no control over any such sites or representations contained therein.
  7. AGREEMENT BINDING: This Agreement constitutes the entire Agreement between the Parties, and no other promises or inducements have been made other than as specifically set forth herein. This Agreement shall only be amended or modified by a written instrument signed by the Parties hereto. This Agreement shall be construed and interpreted in accordance with the Laws of the State of Maryland.
  8. SEVERABILITY: In the event any portion or provision of this Agreement shall be deemed or adjudged to be illegal or unenforceable, the remaining portions or provisions of this Agreement shall continue with full force and binding effect as if the portion so adjudged or deemed illegal or unenforceable were not originally a part hereof.
  9. CAPTIONS: The sectional or marginal titles or captions contained herein shall be used for convenience and easy reference only, and shall in no way define or limit the substance of any provisions or sections hereof.


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