mealtrain.com Terms Of Service

LAST REVISED: November 10th, 2016

Acknowledgment and Acceptance of Terms of Service

Meal Train LLC (“Meal Train”, “we” or “us”) provides certain services (described below) on or through our website, www.mealtrain.com, (the "Site" or "Platform"). By using our Site, you agree to the following terms and conditions (the "Terms of Service"). If you do not understand or agree with these Terms of Service, please do not use the Site or the Meal Train Service (as defined below) and do not register to be a member of the Site.

If you have any questions or concerns regarding these Terms of Service, please let us know by contacting us through the "Contact Us" tab on the home page or by writing to us at

Meal Train LLC
47 Caroline Street
Burlington, VT 05401

By completing the registration process or using any part of the Meal Train Service (see description below), you agree to be bound by all of the terms and conditions herein. You may continue to use mealtrain.com as long as you adhere to these terms of service. Meal Train may update these terms of service from time to time. Continued use of mealtrain.com implies acceptance of the terms of service.

Overview

The Site offers a service that allows for the creation of a community meal coordination service (known and referred to as a "meal train") for a recipient, send invitations to friends, receive invitations, book dates for meal delivery, research meal train planning ideas, share updates on a Journal/Wall and research etiquette tips and tools. In addition, organizers and recipients of the service may choose to use the platform to organize a fundraising campaign ("Campaign") to accept monetary donations ("Donations") from those users wishing to contribute funds to the Campaign ("Donors"). (herein referred to as the "Service" or "Meal Train Service") These Terms of Service apply to the "Service".

Eligibility

Use of the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service. You must be an individual of 13 years of age or older to register or use the Site.

Privacy Policy

It is Meal Train’s policy to respect the privacy of its users. Meal Train’s policies with regard to personally identifiable information it collects from you, what information third parties affiliated with Meal Train collect from you, and how that information is used is governed by the mealtrain.com Privacy Policy.

License to Use and Access the Meal Train Service

Meal Train grants you a limited license to access and make personal use of this Site and the Service. This Site or any portion thereof, may not be reproduced, modified, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without the express written consent of Meal Train.

Use of the Site at Your Own Risk

Your access to and use of the Site and Services and is at your own risk. Meal Train 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 Site or Services.

Registration, My Account Page and Inbox

You are required to register with mealtrain.com if you want to organize a meal train, send an invitation, book or cancel a day on a meal train calendar, save and access saved information, view and edit your "My Account" page, and upload photos. Not all of the features in the previous sentence may be available at any given time and Meal Train may require registration for additional features that may be developed or added to the Meal Train Service from time to time. In order to register with mealtrain.com, you must supply a valid email address, which will be used as a unique identifier for your Profile, your name, and a password.

You: We:

In addition, you agree to provide certain current, complete, and accurate information about you and maintain and update this information as required to keep it current, complete and accurate. Meal Train reserves the right to terminate your Profile and use of the Meal Train Service if any information provided by you during your original registration or My Account Page sign-up is inaccurate.

Description of the Meal Train Service (including, but not limited to)

meal train (or food train, dinner train, supper train, care train) Creation: A meal train is a community coordination program that enables an organizer to specify the days, times and meal preferences of the recipient to coordinate the effort of friends, family, colleagues, congregation members, and neighbors in the delivery of meals around important life events. If you want to organize a meal train invitation, you must be registered with Meal Train (see Registration above).

mealtrain.com Date Booking: In the event that an individual is invited to participate in a Meal Train, the mealtrain.com date-booking feature simplifies the process by allowing the giving party to take into account the many complicating details such as available days, meal times, and meal preferences to ensure that the recipient gets the meals on the days that are most helpful. You must be registered with Meal Train to book a date (A guest booking/participation option may be available for meal train participation. Use of the guest booking/participation option implies agreement to the Terms of Service).

meal train Tips: The tips and tools pages include ideas, tips and tools, and meal train etiquette which can be used to help you plan your meal train event. Such tips and tools include multiple pages of content with tips on what to make, recipes, how long to stay and other delivery ideas. The tips and tools pages are for informational purposes only and are available without registration.

Fundraising Campaigns:

Organizers and recipients of the Meal Train service may choose to use the platform to organize a fundraising campaign ("Campaign") to accept monetary donations ("Donations") from those users wishing to contribute funds to the Campaign ("Donors").

The Campaign Services are an administrative platform only. Meal Train facilitates the Donation transaction between Campaign organizers/recipient and Donors, but is not a party to any agreement. Meal Train is not a broker, agent, financial institution, creditor or insurer for any user. Meal Train has no control over the conduct of, or any information provided by a Campaign organizer/recipient, and Meal Train hereby disclaims all liability in this regard.

You, as a Campaign organizer represent that all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud or deceive any user; and all Donations contributed to your Campaign will be used solely as described on the Platform; and you will comply with all relevant local, state, and federal laws applicable to you when you solicit funds, particularly but not limited to laws relating to your marketing and solicitation for your project. We reserve the right to provide information relating to your Campaign with donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation.

Donations: In order to contribute to a Campaign, a Donor will be required to provide Mealtrain.com's third party payment processor information regarding its credit card or other payment instrument. You, as a Donor, represent and warrant to Mealtrain.com that such information is true and that you are authorized to use the payment instrument. You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and cannot be refunded once claimed by the organizer/recipient.

Fundraising Campaigns are not charities to which you can make tax-deductible charitable contributions. You understand and acknowledge that Meal Train is not a charity.

Mealtrain.com Donation Fund Fees: Meal Train does not charge a Campaign Organizer any upfront fees for initiating a Campaign. Mealtrain.com retains a flat percentage of each Donation contributed to a Campaign.

mealtrain.com will automatically deduct a 5% fee from each donation received. In addition, our third party payment processor charges a single fee of 2.9% and $0.30 per transaction for major credit cards OR 1.0% and $0.30 for bank account payments OR 3.2% and $0.30 per transaction for American Express credit cards. Our third party payment processor also may charge the following fees for exceptions processing: $15.00 per chargeback (in addition to the amount of the chargeback); $15.00 per ACH return (in addition to the amount of the return). Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms and conditions set forth by a third party payment processor, in addition to these Terms of Service. Mealtrain.com may opt to change third party payment processor at any time, without advance notice. This will not impact the fee structure for existing Campaigns. Read WePay's Terms & Conditions.

We reserve the right to change Mealtrain.com's Fee pricing from time to time. Your continued use of the Services after the Fee change becomes effective constitutes your acceptance of the updated Fees.

Withdrawing Donations from a Campaign: Mealtrain.com is an administrative service and at no point acts in a role as a broker, agent, financial institution, creditor or insurer for any meal train Campaign. Withdrawing from your Campaign requires you to work through our payment processor. While our third party payment processors strives to make Withdrawals available to you promptly, you acknowledge and agree Withdrawals may not be available to you for use immediately, and Mealtrain.com does not guarantee that Withdrawals will be available to you within any specific time frame. Mealtrain.com disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability.

Service mark and Content Restrictions

Meal Train is a registered Trademark of Meal Train LLC. FOOD TRAIN, SUPPER TRAIN, DINNER TRAIN, CARE TRAIN, names and logos are service marks (or pending service marks) of Meal Train LLC. The trade names and service marks owned by Meal Train LLC, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion.

All other trademarks appearing on the Meal Train Service are trademarks of their respective owners. Our partners may also have additional proprietary rights in the content which they make available through the Meal Train Service.

You acknowledge that the Meal Train Service may contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. You agree not to reproduce, redistribute, sell, modify, rent, lease, loan, adapt, translate, create derivative works based (whether in whole or in part) on, decompile, reverse engineer, disassemble, or otherwise reduce all or any part of the Site or the Meal Train Service, including the Content.

Content Posted by Meal Train Users

Users Meal Train LLC

Under no circumstances will Meal Train LLC, its subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns or its representatives be liable for any loss or damage caused by your reliance on Content.

Site Conduct

You agree not to; You agree;

Under no circumstances will Meal Train LLC, its subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns or its representatives be liable for any loss or damage caused by your conduct or the failure of the meal train organizer to attain permission from the meal train Recipient to create a meal train on their behalf.

Those who feel that their personal information has been posted without their permission should contact mealtrain.com immediately through the “Contact us” page to have the meal train removed from the site.

Links to Third Party Sites/Vendors and Contact with Advertisers/Contact with other Users

You agree that we are not responsible for:

Indemnification

You agree to indemnify, defend and hold harmless Meal Train LLC, subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns from any and all third party claims, liability, damages, costs or demands, including, but not limited to, attorneys' fees, arising from

Limitation of Liability

In no event will Meal Train LLC be liable to you or to any third party for damages of any kind, including, without limitation, direct, special, incidental, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with this agreement, or from your access to or use of, or inability to access or use, the Site, content, files and/or services, or for any error or defect in the site, content, files or services, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, or any other legal theory, whether or not Meal Train has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that Meal Train LLC is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, Meal Train LLC will have no liability to you or to any third party for any third party content uploaded onto or downloaded from the site or through the services and/or the files, or if your data is lost, corrupted or exposed to unintended third parties.

Dispute Resolution by Binding Arbitration

Most user concerns can be resolved quickly and to the user's satisfaction by emailing Mealtrain.com support at contact@mealtrain.com. In the unlikely event that our user support team is unable to resolve a complaint you may have (or if Mealtrain.com has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award.

Controlling Law and Jurisdiction

These Terms of Service and any action related thereto will be governed by the laws of the State of Vermont without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Chittenden County, Vermont, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Termination and Modification of the Meal Train Service and Terms of Service

You agree that we: