mealtrain.com Terms Of Service

LAST REVISED: June 27th, 2017

Acknowledgment and Acceptance of Terms of Service

Meal Train LLC, a Vermont limited liability company (“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 on notice to its members. Continued use of mealtrain.com com after notice of any update shall constitute acceptance of the updated terms of service.

Overview

The Site offers a service that generally allows for the creation of a community meal coordination service (known and referred to as a Meal Train®) for a recipient. This includes, without limitation, tools to, send email invitations to friends, receive email invitations, coordinate 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 a Meal Train® may choose to use the platform to organize a fundraising campaign (a "Campaign") to accept monetary donations ("Donations") from those users wishing to contribute funds to the Campaign ("Donors"). The services provided through the Site are herein referred to as the "Service" or "Meal Train Service". These Terms of Service govern and apply to your use of 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 or the Service.

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 Meal Train Privacy Policy, which may be found at https://www.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 prior 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 ba a registered user via the Site 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 as a user, you must supply a valid email address, which will be used as a unique identifier for your profile, your name, and a password.

You hereby agree that you:

You further acknowledge and agree that we are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

In addition, you agree to provide and maintain accurate information about you and update your profile if any of your information changes. Meal Train reserves the right to terminate you as a user of the site if any information provided by you false or 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 a registered user via the Site (see Registration above).

Meal Train® 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 a registered user via the Site to book a date (A guest booking/participation option may be available for meal train participation. Any person using the Service, whether or not a registered user via the Site, including anyone participating through a guest booking/participation option constitutes agreement to these 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 site to organize a Campaign to accept Donations from Donors wishing to contribute funds to the Campaign.

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.

Each Campaign organizer represents and warrants to Meal Train and all Donors to that Campaign that (i) all information provided in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud or deceive any other party; (ii) all Donations contributed to a Campaign will be used solely as described by the organizer; (iii) that the organizer will comply with all applicable local, state, and federal laws in connection with soliciting Donations, including, without limitation any laws relating to marketing and solicitation for donations. 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 Meal Train's third party payment processor information regarding its credit card or other payment instrument. Each Donor represents and warrants to Meal Train that such information is true and correct that you such Donor is authorized to use the payment instrument. Each Donor agrees 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.

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 actually contributed to a Campaign.

Meal Train 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 our third party payment processor (see WePay's Terms & Conditions), in addition to these Terms of Service. Meal Train may opt to change its third party payment processor at any time, without advance notice. This will not impact the fee structure for existing Campaigns.

We reserve the right to change Meal Train's Campaign fee pricing from time to time by updating the terms hereof. Your continued use of the Services after the fee change is published 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 Campaign. Withdrawing funds from a successful requires an organizer to work through our payment processor. While our third party payment processors strives to make funds available promptly, each organizer acknowledges and agrees funds may not be available immediately, and Meal Train does not guarantee that funds will be available to you within any specific time frame. Meal Train disclaims any and all responsibility for any delay or inability to access and use funds at any specified time, and any consequences arising from such delay or inability.

Service mark and Content Restrictions

Meal Train® is a registered service mark 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 marks 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 may be protected by copyrights, patents, trademarks, trade secrets or other proprietary rights. Except for Content you post to the Site, which you own, 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 any Content.

Content Posted by Meal Train Users

You expressly acknowledge and agree that you: You acknowledge and agree that 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 any Content posted by any users or third parties not under the control of Meal Train.

Notification of Claims of Infringement

If you believe that any of your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Meal Train for notice of claims of copyright or other intellectual property infringement at:

Meal Train LLC
47 Caroline Street
Burlington, VT 05401
contact@mealtrain.com

Please provide Meal Train with the following notice:

Meal Train will remove the infringing Content, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Site Conduct

You agree not to; You agree:

Under no circumstances will Meal Train, 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 Meal Train® immediately through the “Contact us” page to have the applicable Meal Train® removed from the Site.

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

The Site may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Meal Train, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that we are not responsible for:

Indemnification

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

Limitation of Liability

YOU AGREE THAT USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED TO YOU "AS-IS" AND ON AN "AS-AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, MEAL TRAIN (AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS) EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MEAL TRAIN MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEAL TRAIN OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

MEAL TRAIN’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SITE AND IN NO EVENT WILL IT EXCEED $500; YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH BY MEAL TRAIN WILL BE A REFUND IN AN AMOUNT EQUAL TO THE DOLLAR AMOUNT PREVIOUSLY PAID BY YOU TO MEAL TRAIN FOR ACCESS TO THE SITE. MEAL TRAIN WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR OTHER USER ON THE SITE; (iii) ANY CONTENT OBTAINED FROM THE SITE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MEAL TRAIN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

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 in Burlington, Vermont in accordance with the rules of the American Arbitration Association. 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. The costs of the arbitrator shall be equally divided provided, however, that the arbitrator may award costs and fees to the prevailing party.

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

You agree that we:

Force Majeure

Meal Train will not be liable for a delay in providing access to the Site to the extent that delay is caused by Internet access outages, insurrection, war, riot, explosion, nuclear incident, fire, flood, earthquake, volcanic activities, general national strikes, embargo, state import or export restrictions, or other event beyond Meal Train’s reasonable control.