Terms of Service
In order to create an account (“Account”) to use the Lunchable App (“App”), you must: 1) be at least 18 years old; 2) be affiliated with the University of California, Berkeley and provide an email address for verification; and 3) be legally permitted to use the App by the laws of your home country.
If you wish to leave the App, you may delete your Account by logging into the app, going to the ‘Settings’ page and clicking ‘Delete account’. Your Account will be deleted immediately but may take a few days to reflect on the App. We reserve the right at our sole direction to terminate or suspend any Account, make use of any legal, technological or other available means to enforce the Terms at any time without liability and without issuing prior notice. You may not access, tamper with or use non-public areas of the App or our systems.
When creating an Account and using the App, you agree to 1) comply with all applicable laws including but not limited to privacy laws, intellectual property laws and regulatory laws and agree not to 1) act in an unlawful or inappropriate manner including being abusive, discriminatory or dishonest; 2) misrepresent your identity or your affiliation with a person or entity; 3) disclose unlawful information; 4) operate fraudulently. In the case you witness any abuse or complaint, you may contact us at email@example.com. Unless you have been specifically given permission from Lunchable Inc. under a separate agreement, you are prohibited by any means to replicate any part of the App.
Third Party Platforms
The App may work with/depend on third-party platforms and services, including but not limited to Apple, Facebook, Google (each a “Third Party Platform”) and may require you to provide account credentials and personal information to access the App. By using the App, you agree to comply with any terms, conditions or requirements set forth by the provider or owner of the Third Party Platform.
From time to time, we may send you emails, text messages, push notifications, and other alerts related to the App and/or Lunchable services. Once you download the App, you will be asked to accept or deny push notifications. If you accept, push notifications will automatically be sent to you and if you deny, you will not receive any push notifications. You may opt out at any time from receiving push notifications by changing your notification settings on your mobile device or contacting us or unsubscribing from our email list.
THE APP AND OUR CONTENT ARE ALL PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. LUNCHABLE INC. IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. LUNCHABLE INC. DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.
NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.