TERMS AND CONDITIONS OF USE
The following are the terms and conditions of use as defined by MCS Software. These are NOT customizable as they comprise the legal agreement between the user and MCS Software regarding the use of the website.
TERMS AND CONDITIONS OF USE
The following Terms govern your use of the Site. Please read the following carefully; by using the Site you are agreeing to abide by the Terms. If you do not accept any of the Terms, then DO NOT USE THIS SITE. You can submit a paper application directly to your school District instead.
When used herein the terms below have the following meanings:
“School District” means the public or private school District or other authority which operates or has jurisdictional authority over the school or educational institution your Student attends or will attend, and the said school or educational institution.
“Student” means the person for whom you are applying to receive meal benefits.
"We", “our” or “us” means MCS Software, LLC.
“You” and “your” means the individual accessing the Site and the student for whom an application for meal benefits is being made.
GENERAL
(A) OWNERSHIP OF WEBSITE
The Site is a third party service provided by us for the benefit of your School District. Your School District does not own or operate the Site.
(B) USE OF THE SITE
The Site is used to apply with your School District for school meal benefits for a Student for whom you are authorized to apply for. By using the Site you represent and warrant that you have full authority to act for the Student and submit an application for benefits. Any access or use of the Site for any other purpose or by any person not authorized to act for a Student is strictly prohibited and may result in criminal prosecution.
This Site may only be used by interactive human users. Submitting data through any other means, such as scripts, is strictly prohibited and may result in criminal prosecution.
(C) COST OF USE
There is no fee for using the Site to submit your application for benefits.
(D) APPLICATION PROCESSING AND APPROVAL
We do not determine meal benefits eligibility. Your School District will process any applications for meal benefits that you may submit through this Site. The School District will notify you of eligibility. If you disagree with the meal benefits that are awarded or would like to discuss your application, you must contact your School District, not us.
PRIVACY
We are collecting and storing your non-public, personal and identifying information (“Personal Information”) on this Site. We will transmit your Personal Information electronically to your School District using secure channels. Any Personal Information that you submit is accessible to your School District for the purpose of determining your eligibility and processing your application for benefits, and to us for the purpose of operating and maintaining this Site. Our communication of Personal Information with your School District is governed by our agreements with your School District. You authorize us to communicate with your School District and to provide them with the Personal Information. Personal Information is not displayed, sold, or used in any other way. We will not sell, rent, lease or in any other way share your Personal Information with any other party unless ordered to do so by a court of law. We will use commercially reasonable means to protect the integrity of the Site and the confidentiality of the Personal Information; however, while we consider online security a priority, we cannot provide absolute assurances against, and will not be liable for, any breaches of confidentiality due to system failures or unauthorized access by third parties. By submitting Personal Information to the Site, you agree to this risk and release us from any damages you may incur from such breaches.
You may be asked when you submit your application for meal benefits if your School District can share your Personal Information with other entities. We have no responsibility for the use, care or custody of Personal Information obtained from the Site by the School District.
NON-DISCRIMINATION
This explains what to do if you believe you have been treated unfairly.
In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability.
To file a complaint of discrimination, write USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call toll free (866) 632-9992 (Voice). Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer.
Your School District may request that we gather certain optional demographic information from you including ethnicity and gender. Optional information is not used for determining meal benefits.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
(A) THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. WE MAKE NO WARRANTY AND DISCLAIM LIABILITY (1) THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE OR FREE FROM VIRUSES, TECHNICAL MALFUNCTIONS OR OTHER DEFECTS OR HARMFUL COMPONENTS, (2) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SITE, (3) WITH REGARD TO ANY GOODS OR SERVICES OFFERED BY OR PURCHASED FROM YOUR STUDENT’S SCHOOL DISTRICT OR (4) AS TO THE COMPLETENESS, TIMELINESS OR ACCURACY OF ANY OF THE DATA AND/OR PROGRAMS AVAILABLE AT, COMMUNICATED BY OR TO, AND TRANSMITTED BY, THIS SITE. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE INFORMATION IS PROVIDED, RECORDED AND TRANSMITTED "AS IS". YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INFORMATION OR WARRANTY PROVIDED TO YOU BY YOUR STUDENT'S SCHOOL DISTRICT, FOR ANY ACTIONS OR OMISSIONS OF YOUR STUDENT’S SCHOOL DISTRICT, OR FOR ANY CHANGES IN OR DISCONTINUANCES OF THE SERVICES PROVIDED BY YOUR STUDENT’S SCHOOL DISTRICT.
(B) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY CLAIMS, LOSSES, ACTIONS, DAMAGES OR INJURY OF ANY KIND INCLUDING BUT NOT LIMITED TO THOSE RESULTING FROM ANY FAILURE OF PERFORMANCE OF THE SITE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, UN-TIMELINESS OR NON-AUTHENTICITY OF ANY INFORMATION, DELAY OR INTERRUPTION IN OPERATION OR TRANSMISSION, INTERCEPTION OF TRAFFIC SENT OR RECEIVED, COMMUNICATION LINE FAILURE, SECURITY BREACH, EAVESDROPPING, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, OR THE USE OF THE SITE.
(C) IN NO EVENT WILL WE BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ANY OBLIGATIONS RELATED TO THE SITE WHICH ARE OCCASIONED BY OCCURRENCES OR CONTINGENCIES CONSIDERED 'FORCE MAJEURE', INCLUDING, BUT NOT LIMITED TO, DELAY CAUSED BY STRIKE, LOCK OUT, LABOR DISPUTES, DISASTERS, FIRE, FLOOD, ACCIDENT, INVASION, RIOT, WAR, REVOLUTION, EMBARGO, RESTRAINT, ACTS OF GOD, DISEASE, EPIDEMIC, PUBLIC HEALTH CRISIS, SUBSTANTIAL INCREASES IN THE PRICE OF GOODS OR MATERIALS OR OTHER COSTS, FAILURE OF ELECTRONIC EQUIPMENT, SOFTWARE AND/OR INTERNET SERVICE, INABILITY TO OBTAIN TRANSPORTATION OR MATERIALS, SHORTAGE OF FUEL, FAILURE OF TECHNOLOGY, BREACH OR DEFAULT BY A SUPPLIER, DEMAND OF THE UNITED STATES OR ANY OTHER GOVERNMENT, YOUR FAILURE TO PERFORM ANY OBLIGATIONS UNDER THIS AGREEMENT, OR ANY OTHER CAUSE OR CONTINGENCY BEYOND OUR CONTROL WHICH SHALL PREVENT OR MATERIALLY IMPAIR US FROM PERFORMING IN THE NORMAL AND USUAL COURSE OF OUR BUSINESS IN A PROFITABLE FASHION.
(D) IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF OR RELIANCE UPON THE SITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION
We reserve the right to terminate service at any time, subject to our agreements with the School District. You do not have any enforceable right to use the Site.
TRADEMARKS
“www.applyforlunch.com”, “ApplyforLunch.com”, “MCS Software”, and all related logos, products and services contained in, described in or provided by the Site are trademarks or registered trademarks of ours; any unauthorized use of same is strictly prohibited and all rights in same are reserved by us. The content of the Site, and the selection, coordination, arrangement and enhancement of such content, is our property. You may not modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, or business processes in whole or in part. Nothing contained herein shall be construed as conferring, by implication, estoppel or any other legal theory, a license or right to any patent, trademark, copyright or other intellectual property right of ours.
INDEMNIFICATION
You agree to defend, indemnify and hold us, and our affiliates, and our and their respective officers, employees, agents and contractors, harmless from and against all claims, demands, liabilities, expenses and damages, including reasonable attorneys' fees, arising out of or resulting, directly or indirectly, from your use of the Site, any act or omission by you or your School District, and for any claims for which we have disclaimed warranty herein or are not liable for.
MISCELLANEOUS TERMS
(A) Entire Agreement. This Agreement, other agreements, policies and any operating rules posted on the Site constitute the entire agreement between you and us with respect to your use of the Site, and supersede all prior or contemporaneous understandings or agreements (written or oral) between the parties with respect to such subject matter. If any provision in this Agreement is held by the arbitrator or other applicable authority to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
(B) Change in Terms. We reserve the right at any time to change, add to or delete any aspect or feature of the website and the terms and conditions of this Agreement. We will update the Site to reflect any such changes. Any use of the Site by you after such changes are made shall be deemed to constitute acceptance by you of such changes.
(C) Applicable Laws. This Agreement is governed by the laws of the State of Louisiana without regard to its conflict of laws provisions. Any dispute or claim arising out of or in relation to this Agreement or the Site, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in St. Tammany Parish, Louisiana under the Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with said Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You and we agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrator shall have no authority to award, punitive or exemplary damages against the other party.
(D) Waiver. Any waiver of our rights must be in writing and signed by us. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.