Terms Of Use

     Your use of the CFS NorCal, Inc. (referred to hereinafter as "CFS", "Our" or "Us") school lunch service is subject at all times to this Terms of Use Agreement (collectively, the "Terms of Use"), as well as the CFS Privacy and Security Policy (the "Privacy Policy"), which together constitute an agreement (collectively, the "Agreement") between You (as hereinafter defined) and CFS.

1. Accepting the Terms of Use and Establishing an Account

      You accept these Terms of Use and agree to be bound by this Agreement by clicking on the "I accept" box below. The terms "You" and "Your" (and related words) mean any person who uses a CFS account name and password for the purposes of using Our website, Our mobile application or Our other content and materials to browse Our offerings and/or to order meals through Our website or otherwise utilize Our services. You must be eighteen (18) years old or older in order to create a CFS account. By setting up a CFS account through Our website or Our mobile application (together, "Our website"), You acknowledge that You are at least eighteen (18) years of age. If You create an account on behalf of someone else, You represent that You are authorized to act on behalf of that other person. Your access to and use of the CFS website, the CFS Mobile Application, the content contained therein or thereon, the CFS ordering system and all other CFS services and materials (collectively, the "CFS Content") are expressly conditioned on Your compliance with this Agreement.

2. Privacy

     See CFS's complete Privacy Policy and California Consumer Privacy Act Privacy Notice at http://www.choicelunch.com/w3c/privacy for information and notices concerning Our collection and use of Your personal information.

3. Payment and Terms for Meals Purchased By Advanced Order

     By placing advance pre-paid orders for lunches or lunch services on Our website, You are agreeing to remit payment in full at the time of the purchase of the lunch order (collectively, the "Advance Meals"). Payment for Advance Meal orders will not be made at the time of delivery of the meals to Your child. You also agree to pay for any "Emergency Lunch" (as hereinafter defined) orders that Your child(ren) request(s) at the lunch counter unless You elect to opt out of this service at http://order.choicelunch.com/Account/Emergency.aspx. "Emergency Lunch" orders are meals that are served to Your child upon the request of Your child for which no advance payment has been received by CFS. "Emergency Lunch" orders shall be billed automatically against your CFS Debit Account. If Your CFS Debit Account does not have adequate funds to cover an "Emergency Lunch" order, you hereby authorize CFS to charge the credit card on file for the balance of the order. "Emergency Lunch" orders may incur additional fees for processing. No credit or return of any meal charges shall be credited to Your account in the event that Advance Meals are not collected by Your child (children) at his/her(their) school(s).

4. Cancellations

     The cancellation of pre-paid lunch orders and the issuance of partial or full credit(s) related thereto, if any, shall be subject to the practices and policies then in effect between CFS and Your school.

5. Payment and Terms for Meals Purchased By Debit Account

Description of Program

     The CFS debit account service (the "CFS Debit Account") is maintained and administered by CFS. The CFS Debit Account and associated records are the property of CFS. CFS agrees to maintain funds deposited in the CFS Debit Account, which shall be held for future purchases from CFS.

     The CFS Debit Account is not a form of credit account or bank account. Under no circumstances shall debits or charges to the account result in a balance below zero. Purchases of meals may be refused (unless Emergency Lunch services are purchased) in the event that the CFS Debit Account balance is zero. In the event that an Emergency Lunch procured by Your child results in a CFS Debit Account balance below zero, You hereby authorize CFS to charge the credit card on file for the remaining balance. If there is no credit card on file with CFS, or if the credit card on file is no longer valid, the balance must be paid in full before subsequent purchases are made from the account. The CFS Debit Account may not be used to obtain cash, cash advances or transfer funds to any third party under any circumstances. No interest shall accrue on the CFS Debit Account balances.

Adding Funds

     Your CFS Debit Account will be activated after processing of a minimum deposit of Five Dollars ($5.00). Additional funds, subject to a minimum incremental deposit of Five Dollars ($5.00), may be deposited at any time. Deposits may be made by credit card only through Our website. CFS shall not retain Your credit card information in connection with deposits made to Your CFS Debit Account unless authorized by You. There is no limit on the frequency of credit card deposits.

Additional funds issued by CFS

     CFS may, in its sole discretion (but shall have no obligation to), add funds to your CFS Debit Account for a variety of reasons, including, but not limited to promotions, offers, customer service goodwill gestures, or for the volunteering at the lunch counter for your school. Funds added to your account by CFS have no cash value, and shall be excluded from your available balance in the event of an approved refund request.

Using Your Account

     Your child's CFS Debit Account is nontransferable. You are responsible for purchases made and debited to Your child's account. In order to prevent the unauthorized use of the CFS Debit Account, identification may be required from any person attempting to make a purchase using an account. Transaction history for CFS Debit Account purchases will be available on CFS's website. Receipts for purchases will not be provided at the time of sale or delivery of a meal to Your child. No goods or services other than CFS meals may be purchased using the CFS Debit Account. The CFS Debit Account may not be used with any other retailer. Your CFS Debit Account may be used only at the school which Your child attends.

Inactive Accounts and Positive Balances

     Positive balances that remain on accounts will carry forward to the next school year. If a CFS Debit Account remains inactive for a period of two (2) or more years, any remaining CFS Debit Account balances shall be forfeited by You and shall become the sole property of CFS.

Refunds

     Requests for the return of unused funds deposited to Your CFS Debit Account may be submitted through Our website or by contacting Our customer service center via email at support@choicelunch.com or via phone at (855) 465-8624. Refunds will be processed to the credit card on file for the account. If a refund by check is requested or required for any reason, a Ten Dollar ($10) processing fee will be assessed on all such approved refunds.

Questions Regarding Your Account

     CFS Debit Account activity may be viewed on Our website. CFS does not mail paper statements. Any charges which are not disputed within thirty (30) days after incurrence shall be deemed final and approved. CFS recommends that You review Your account on a weekly basis in order to verify the accuracy of transactions made to Your CFS Debit Account.

     If You believe that there has been an error in connection with Your account, You may contact customer service through the website or Our customer service team via email at support@choicelunch.com or via phone at (855) 465-8624. With regard to any inquiries on Your account, please provide the following information when contacting Us: (1) Account Name; (2) date of transaction and dollar amount of the suspected error; (3) description(s) of the error or the charges being questioned or disputed and (4) explanation of items believed to be in error.

     CFS Debit Accounts which are used in violation of the terms and conditions set forth in this Agreement may be revoked at any time in the sole discretion of CFS.

6. Payment and Terms for Meals Purchased By Prepaid Subscription

     For the convenience of Our customers, CFS offers the option at certain participating schools of five (5) base alternative meal subscription plans (each, a "Meal Plan"). Payments for the Meal Plans are payable by You weekly in advance, not later than the Friday for the upcoming week. Payments for the Meal Plans shall be charged by CFS on or about each Friday preceding each week during the school year against Your credit card on file with CFS. Meal Plans participants' credit card information shall be securely maintained by CFS. Meal Plans that begin during a billing cycle will be prorated based on the number of CFS service days remaining in that week and billed immediately.

     At participating schools, CFS offers three (5) alternative Meal Plans to choose from: (i) 1 day/week; (ii) 2 days/week; (iii) 3 days/week; (iv) 4 days/week; and (v) every day meal plans. Upon enrolling in a Meal Plan, the weekly price for each respective meal plan is displayed. The weekly price is reflective of the price per week for the plan in which You are enrolling Your student, as well as the number of lunches per week and sides per lunch included in that meal plan for that price. CFS reserves the right to increase the price of the Meal Plans from time to time in its sole discretion upon prior written notice to You. 1 day/week plans include 1 lunches per week at that price, 2 days/week plans include 2 lunches per week at that price, 3 days/week plans include 3 lunches per week at that price, 4 days/week plans include 4 lunches per week at that price, and everyday meal plans include lunches for every day for which the CFS service is offered at Your school. On the last Friday of the preceding week, the CFS system will calculate the number of service days at Your school for the time period spanning the following Monday through the last Friday of the upcoming week. CFS will bill your credit card on file for the number of days in the upcoming billing period based on your selected plan. Billing periods are one week in length. For weeks in which the number of CFS service days is fewer than the number of days in your Meal Plan, You will only be billed for the number of service days available in that given week (e.g. on holiday weeks where schools are only in session on Monday and Tuesday, a 3 day/week subscriber will only be billed for 2 days).

     Your Meal Plan allows You to order a Meal for your student in accordance with the number of days per week and number of sides per lunch that is included in Your applicable Meal Plan. A "Meal" is defined as an entrée, as well as 0, 1, 2 or 3 basic selection of sides (depending on plan selected) from each of the following side categories: snack, beverage, and fruit/vegetable. "Basic" selections are defined by CFS, and do not include premium sides, which are priced higher than their Basic counterparts. You may upgrade your sides for any meal to Premium selections by paying the price difference between the Basic side and Premium side using funds from your CFS Debit Account. The number of side categories may differ at each school, with some schools omitting either the snack or beverage category, or possibly both. Your Meal only includes a basic selection from side categories offered at Your School.

     You may order a meal in excess of the number of the days allowed in your Meal Plan by paying for the additional meal using your CFS Debit Account. Additional meals are billed at the normal billing rate, and not the discounted Meal Plan rate. Standard ordering deadlines apply for Meal Plan selections. Orders must be placed before the standard ordering deadline in order to have access to the full CFS menu. For late orders placed after the standard ordering deadline, entrée availability is not guaranteed, and all selections are available on a First-Come, First-Served basis, and side selections are not available.

     CFS offers "Skip Day credits", which are any days during the school year where CFS is serving lunch at your school, but your child missed lunch due to a school absence for any reason, including but not limited to illness, vacation, field trips, and doctor's appointments. "Skip Day" lunches must be cancelled online prior to lunch service, and in accordance with the cancellation deadlines at Your School. There is an annual cap on how many Skip Days may be earned/accumulated in a given school year: 1 day/wk Meal Plans may accumulate up to 2 Skip Days, 2 day/wk Meal Plans; 4 Skip Days, 3 day/wk Meal Plans; 6 Skip Days, and 5 day/wk Meal Plans may accumulate up to 10 Skip Days per year. "Skip Days" are calculated and added to your account on the Saturday following each completed week of lunch service. The value of the Skip Day is based on the 100% of the Meal Plan lunch price to which the student was enrolled in the preceeding week (meaning, if a student is enrolled in a 5 day/wk plan that charges at $8.50 per lunch and they have 2 earned Skip Days for missed days in the preceeding week, their Skip Days balance will acccumulate $8.50 x 2 = $17.00 for that week, assuming they are not already at their annual Skip Days cap). "Skip Day balance" accumulated will be credited to your CFS account on the last day of lunch service each year. The accumulated Skip Days value for a given student is forfeited if you cancel their participation in Meal Plans.

     You may cancel or modify your Meal Plan at any time. Your Meal Plan changes take effect on the next available normal (not "Late Lunch") service date. Following the effective date of the cancellation of Your Meal Plan, meals may be purchased using a CFS Debit Account.

     It is Your responsibility to ensure that the credit card information on file with CFS remains current and valid. Failed payment attempts may result in the cancellation of your Meal Plan.

     CFS reserves the right to restrict enrollment in Meal Plans to certain time periods of the year, which may change at the sole discretion of CFS, and without prior notice.

     Your Meal Plan selections will carry over to the following school year unless cancelled or modified by You.

7. Mobile SMS Alerts

     1. Mobile Alerts provides customers with timely text messages to alert of various account activity, such as reminders to order.

     2. You may cancel the SMS service at any time by texting "STOP" to the short code. After you send the SMS message "STOP" to us, CFS will send you an SMS message confirming that you have been unsubscribed. After this, You will no longer receive SMS messages from us. If you want to join again, just sign up as You did initially and CFS will resume sending SMS messages to you.

     3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@choicelunch.com or via phone at (855) 465-8624.

     4. CFS is not liable for delayed or undelivered messages.

     5. Message and data rates may apply for any messages sent to you from us and to us from you. Your message frequency will vary by account activity. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

     6. If you have any questions regarding privacy, please read our privacy policy: https://www.choicelunch.com/w3c/privacy/.

8. Account Security

     You are responsible for safeguarding the password that You use to access the CFS website and services. You agree not to disclose Your password to any third party. However, You may disclose Your CFS website password to Your child, another member of Your family, or another party who You authorize to use Your account. You agree to take sole responsibility for any activities or actions in connection with the use of Your password, whether or not You have authorized such activities or actions. You are required to immediately notify CFS of any unauthorized use of Your password. You acknowledge that if You wish to protect Your transmission of data and/or files to CFS, it is Your responsibility to use a secure encrypted connection to communicate with and/or utilize the CFS website and Our services.

9. Your Use of the Services

     CFS grants You a limited, non-exclusive, revocable license to use the CFS Content, subject to the restrictions set forth in the Agreement. You hereby acknowledge and agree that Your use of the CFS Content shall be for the sole and exclusive purposes of enrolling Your student, ordering student lunches and/or managing Your Meal Plans. Any other use of CFS Content or access to the CFS Content by persons who do not have students enrolled at participating CFS schools is unauthorized and strictly prohibited. No part of the CFS Content may be reproduced, disseminated, published or transferred without the prior written consent of CFS.

10. User Submitted Media

     By submitting an entry (a "Photo") to CFS for any photo contests or other activities where You provide images to CFS, You represent and agree to the following: (1) You are the owner of the Photo and herewith transfer and assign all rights, title and interest in and to the Photo, and/or any and all reproductions and/or republications thereof, to CFS; (2) You authorize CFS to publish the Photo on its website; (3) You authorize CFS to use, reproduce, modify, alter or enhance the Photo and its contents; (4) You authorize CFS to use the Photo in any of CFS's advertising or marketing materials; (5) You represent that all persons shown in the Photo have also consented to the terms set forth in this Agreement; (6) You will not be entitled to receive any consideration for the use of the Photo other than a chance to receive a credit on Your CFS account in CFS’s sole discretion and (7) You will indemnify, defend and hold harmless CFS and its directors, officers, employees, agents and representatives from any liability arising from third party claims for infringement of intellectual property rights or otherwise related to Your Photo.

11. Non-Disparagement

     As a condition to Your participation in Our lunch service program, You acknowledge and agree that you will not engage in any activity or make any statements on any social media, crowd-sourced review or other online or public platforms or discussion groups that causes, or would reasonably tend to cause, harm to CFS’s reputation or goodwill, including any activity or statements disparaging or criticizing CFS or its business, management or services.

12. Termination

     If You violate any terms of this Agreement, Your permission to use the CFS Content may terminate at the sole discretion of CFS. CFS reserves the right to revoke Your access to and use of the CFS Content and to terminate Your account at any time, with or without cause, and with or without notice.

13. Use of the Site at Your Own Risk; website and web-based ordering is made available "as-is"

     Your access to and use of the CFS Content is at Your own risk. CFS will have no responsibility for any harm to Your computer system, loss or corruption of data, or other harm that results from Your access to or use of the CFS Content. The CFS Content is provided "as-is", without any warranty, either express or implied.

     YOU ACKNOWLEDGE THAT THE CFS CONTENT IS PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ACKNOWLEDGE THAT USE OF THE CFS CONTENT MAY RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS OF DATA. CFS MAKES NO WARRANTY THAT THE CFS CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EXCEPT AS OTHERWISE EXPLICITLY SET FORTH IN THIS AGREEMENT, CFS MAKES NO WARRANTY REGARDING THE INFORMATION OBTAINED THROUGH THE CFS CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CFS CONTENT.

     NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CFS OR THROUGH THE CFS CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

14. Limited warranties and disclaimer of warranties concerning the lunch program

     CFS makes reasonable efforts to ensure that: (a) its products are safe, (b) the produce that CFS offers is free of pesticides, (c) the ingredients that CFS uses in its menu items and the contents of all of CFS's food are disclosed in Our menus and (d) all of Our menu items and food ingredients are described accurately on the CFS website. NOTWITHSTANDING THE FOREGOING, CFS CANNOT AND DOES NOT GUARANTEE THAT ITS PRODUCTS ARE FREE OF ALLERGENS, PESTICIDES OR OTHER ADDITIVES. CFS DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

     CFS does not recommend that students with severe or life-threatening allergies participate in Our program. Although CFS takes precautions to identify and safely handle ingredients that may cause allergic reactions for those with food allergies and to remove from Your student’s menu those items that contain the allergens that You have identified, we cannot guarantee and make no representation that any of Our products are safe to consume for people with specific allergies. Please be advised that cross contamination may occur and that manufacturers of the ingredients that we use may change their formulations at any time, without notice. Further, children may develop new food sensitivities, and parents may not be aware of all of the foods to which their child is sensitive or allergic. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU ARE PARTICIPATING IN OUR LUNCH PROGRAM AT YOUR OWN RISK AND HEREBY, ON YOUR BEHALF AND ON BEHALF OF YOUR MINOR STUDENT(S), RELEASE AND HOLD HARMLESS CFS FROM ANY AND ALL LIABILITY RELATED TO OUR PRODUCTS AND ANY INJURY OR ILLNESS TO YOUR STUDENT(S) RESULTING THEREFROM.

15. Limitation of Liability

     IN NO EVENT SHALL CFS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) IN CONNECTION WITH YOUR INABILITY TO ACCESS OR USE THE WEBSITE OR THE CFS FOOD SERVICES DUE TO ANY ERROR OR DEFECT IN THE SITE, INTERRUPTION OF SERVICE, OR FOR ANY OTHER REASON. WITH REGARD TO ALL OTHER POTENTIAL CLAIMS FOR DAMAGES, THE MAXIMUM LIABILITY OF CFS SHALL NOT EXCEED THE TOTAL AMOUNT RECEIVED BY CFS FROM YOU WITH RESPECT TO THE SERVICES GIVING RISE TO THE CLAIM.

16. Severability

     In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.

17. Waiver

     The failure of CFS to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

18. Controlling Law and Jurisdiction

     This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement shall be the state and federal courts located in Contra Costa County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

19. Entire Agreement; Modification

     This Agreement constitutes the entire and exclusive agreement between CFS and You regarding the CFS Content and Your family's participation in the CFS program at Your school. This Agreement supersedes and replaces any prior agreements between CFS and You regarding the use of Our site or services or participation in CFS's food service programs. CFS reserves the right to modify the CFS Content and the Agreement, to change its lunch offerings, to change pricing, and to change other components of its services at any time in its sole discretion upon notice to You.