Revolution Foods Terms of Service

Last Updated: July 1, 2008


Welcome to revfoods.com, the official website of Revolution Foods, Inc.. Revolution Foods delivers tasty and healthy meals and nutrition education to schools and programs throughout California. Every child’s education should include healthy eating and learning about nutritious food.


We provide this website Terms of Service (“Terms of Service”) because it is important for you to understand the rights you have and the rights we have in providing this service.



  1. ACCEPTANCE OF TERMS OF SERVICE


By accessing, browsing, or otherwise using the revfoods.com website (the “Site” or the “Service”) you agree that you fully understand and agree to be bound by the terms and conditions stated in these Terms of Service.


If you are an employee, administrator, or agent of a school or school district that provides Revolution Foods’ meals to their students (a “Participating School”), your use of the Service is governed by the contract provided to your Participating School. If your school is not a Participating School, and you are interested in bringing our healthy meals to your school, please give us a call at 510-596-9024 or contact us and we'll get in touch with you.



  1. DESCRIPTION OF THE SERVICE


General Description. The Service is a website and portal that offers online nutrition resources for the school community to Participating Schools and parents, and allows school administrators and parents at Participating Schools to order healthy meals for their children


Adults Only. The Service is intended for adults only. You must be 18 years or older to use the Service. In accordance with Federal Children’s Online Privacy Protection Act of 1998 (COPPA), Revolution Foods will never knowingly solicit, nor will it accept, personally identifiable information from individuals known to be under thirteen (13) years of age. Please see our Privacy Statement, available at https://order.revfoods.com/public/privacy, for more information including how to notify us of any concerns in this regard.


Right to Modify Service. Revolution Foods reserves the right to immediately change, suspend, remove, or discontinue any part of the Service for any reason, without prior notice or liability. If Revolution Foods suspends or discontinues the Service, you will be reimbursed for any unused credit balance directly through your credit card account or from the Participating School directly.


Changes to these Terms of Service. Revolution Foods reserves the right to modify these Terms of Service at any time, and without prior notice, by posting amended terms at this website, link. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 14 days of their posting on the Site. If we make changes, we will post them and will indicate the Terms of Service effective date. Your continued use of the Service indicates your acceptance of the current Terms of Service.


  1. Purchasing Meals from Revolution Foods.


Creating An Account. If your child is a student enrolled in a Participating School, you will have the option of purchasing healthy meals for your child to receive each day. To do so, you will need to create your account through the Site. In establishing your account, you will provide identifying information (including name, address, email, phone number, and the Participating School’s ID code) and create a unique Username ad password to log into the Service. (The school code is a unique code that Revolution Foods uses to identify each Participating School, and is available from your school administrator or your Revolution Foods customer service representative.)


Pre-payment for Meals. Meals from Revolution Foods must be pre-paid. To pre-pay for your child’s meal program using a credit card, you will provide Revolution Foods with credit card account and billing information after you have registered a new account. At some Participating Schools, you may have the option to make meal plan pre-payments directly to the lunch administrator at the school. In either event, information regarding your remaining credit balance will be available to you by visiting revfoods.com and logging into the Site under your Username and password. You may then apply this balance towards selecting any of our healthy meal choices for your child. By placing your order for a meal through your school lunch administrator or through the Site, you agree to pay for the meal and its delivery to your child’s school.


Modifications to Meal Selection By School Administrator. From time to time, circumstances will require the modification of your meal selections by the system administrator of your child’s school. For example, if your child’s class is scheduled for a field trip, the Participating School’s system administrator may override the original selection and select the Field Trip Lunch option for all children for whom the trip is scheduled. When making such changes, school system administrators will not have access to the Username, password, or credit card or credit balance information you related to your account, nor will he or she be able to modify such information. The school system administrator will have access to the names, addresses, phone numbers, and email addresses associated with your account (for identification purposes) when making these changes, but he or she will not be able to modify any such information.


Modifying or Cancelling Your Order. Once you order a meal for your child, you have up to your Participating School’s order deadline to make changes to the order. After the order deadline, no change may be made and no refunds for the meal will issue. Your Participating School’s administrator can provide you with details of the order deadline.


  1. YOUR CONDUCT


Conditions of Use. As a condition of use, you agree to all of the following:


  • You agree not to attempt to gain unauthorized access to the Service.

  • You agree not to attempt to impersonate any user of the Service for any reason.

  • You must not harass, threaten, or intimidate other users of the Service.

  • You are solely responsible for conduct that occurs from a user logged on using your Username, including, but not limited to, any changes to customized meal plans that may be made by your child or by another user logged into your computer.

  • You acknowledge that the Service is for personal use only. You agree that you will not use the Service for any commercial purposes.

  • You must not upload, post, email, transmit or otherwise make available through the System any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.

  • You must not transmit any worms or viruses or any code of a destructive nature.

  • You must not use the Service for any illegal or unauthorized purpose (including but not limited to violation of intellectual property laws.)



  1. REVOLUTION FOODS’ LICENSE.


Unless otherwise noted on this site, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, contained on the Service is owned, controlled, or licensed by or to Revolution Foods, and is protected by trade dress, copyright, patent, and trademark laws, and other intellectual property rights and unfair competition laws.


Except as expressly provided, no part of the Service and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without Revolution Foods’ express written consent.


Revolution Foods™ and the Revolution Foods logo are trademarks of Revolution Foods, Inc.


  1. PRIVACY STATEMENT


Revolution Foods takes the privacy of those who use the Service very seriously. Our Privacy Statement is available at this link..



  1. HEALTH INFORMATION


All material related to health information is provided for educational purposes only. Some of this content may come from third parties. Unless specifically stated, Revolution Foods does not guarantee the correctness of any such information. You should always consult a physician regarding the applicability of any opinions or recommendations with respect to any symptoms or medical condition.



  1. FOOD ALLERGIES AND DIETARY RESTRICTIONS


While Revolution Foods may make available meal options to address certain diets (e.g., dairy-free, vegetarian, and allergen-free meal options), you understand and agree that you alone are responsible for ensuring that the meals selected for your child comply with any dietary restrictions or food allergies to which your child may be subject.


  1. INDEMNITY


By accepting the Terms of Service, you agree to indemnify and hold Revolution Foods and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Terms of Service, your violation of the Privacy Policy and/or your violation of any rights of another relating to the service.



  1. WARRANTY DISCLAIMERS


YOU AGREE THAT YOUR USE OF THE SERVICE PROVIDED BY REVOLUTION FOODS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, REVOLUTION FOODS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. REVOLUTION FOODS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. REVOLUTION FOODS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND REVOLUTION FOODS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.



  1. LIMITATION OF LIABILITY


YOU AGREE THAT REVOLUTION FOODS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.


SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.



  1. TERMINATION


You are free to terminate your account at any time. To do so, please email us at orders@revfoods.com. All relevant terms of these Terms of Service will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.



  1. MISCELLANEOUS


Entire Agreement. These Terms of Service constitute the entire agreement between you and Revolution Foods and governs your use of the Service, superseding any prior agreements between you and Revolution Foods. If you are a Participating School, your use of the Service is governed solely by the terms and conditions of your school’s service contract with Revolution Foods. For more information regarding the service contract, please see your Participating School’s system administrator.


Governing Laws. The Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Alameda County, California, and waive any objection to such jurisdiction or venue.


Dispute Resolution. Except as provided herein, no civil action with respect to any dispute, claim or controversy arising out of or relating to this Terms of Service may be commenced until the matter has been submitted to a mutually agreed upon dispute resolution service for mediation. The parties agree that any such mediation shall take place in Alameda, California, USA. Either party may commence mediation by providing to the dispute resolution service and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with the dispute resolution service and with one another in selecting a mediator from a dispute resolution service panel of neutrals, and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any dispute resolution service employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may seek equitable relief prior to the mediation to preserve the status quo pending the completion of that process. Except for such an action to obtain equitable relief, neither party may commence a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or 30 days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of a civil action, if the parties so desire. The provisions of this section may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered.


Waiver and Severability. The failure of Revolution Foods to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is invalid, illegal, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to this Agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.


Notices. Revolution Foods may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email and/or by postings on the Site (for example, by posting to the relevant page(s) of the Site affected by such changes).


Contact Information. Please send any questions, comments, or concerns, or report any violation of these Terms of Service, to orders@revfoods.com.


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