THE FOLLOWING DESCRIBES THE TERMS ON WHICH KID CHOW OFFERS YOU ACCESS TO OUR SERVICES.

Last updated (08/01/10)

This Customer Agreement ("Agreement") is a contract between you and Kid Chow, LLC and applies to your use of the Kid Chow’s lunch service. If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.

You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, to use our service. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a Kid Chow customer.

For additional information about the Service and how it works, please contact us directly at Kid Chow.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site. Policy updates will be communicated via email notification. You may review the Current Agreement and Privacy Policy prior to initiating a transaction at any time by accessing our Customer Agreement page from www.kidchow.com .

1. Acceptance of Terms

By clicking the "I ACCEPT" button, you are acknowledging that you have read, understand and agree to be legally bound by the terms and conditions set forth or referenced below in this Customer Agreement. If you do not agree to these terms, you will not be allowed to use or access Kid Chow’s services. Kid Chow reserves the right to change these terms from time to time and at its sole discretion. Your continued use of our services following the posting of any changes to the Customer Agreement constitutes your acceptance of such changes. You can review the most current version of the Customer Agreement at any time at www.kidchow.com .

2. Registration, Accounts and Passwords

You agree to (1) provide true, accurate, current and complete data about yourself and your child/children on Kid Chow’s online registration forms and (2) promptly update your online account information to maintain that it is true, accurate, current and complete. As part of the registration process, you will establish a LOGIN for your Kid Chow account comprised of a valid email address and password. You are solely responsible for maintaining the confidentiality of your LOGIN, and you are solely responsible for all use of your LOGIN, whether authorized by you or not. You agree to immediately notify Kid Chow of any unauthorized use of your LOGIN.

3. School Ordering Calendar

Kid Chow is provided each school’s calendar during the summer prior to each school year. Kid Chow’s online ordering calendar only blocks out published non-school and minimum days. Field trips are not posted. Kid Chow may also block out a Kid Chow holidays, days where a school may be in service but Kid Chow will not be providing services to any schools. School calendars may change throughout the year. Kid Chow is not responsible for school calendar changes. Kid Chow will adjust its ordering calendar if changes are identified within 30 days of a posted menu. Kid Chow ordering deadline and cancellation policy will apply in all cases where a calendar change has occurred.

4. Lunch Ordering Deadlines

Kid Chow offers a web-based lunch ordering system. Customers specify the day they are ordering for and select their lunch choices for each child. Kid Chow publishes its bimonthly menus one month in advance. All lunches for a given week must be ordered by Monday night at midnight PST seven days in advance of the lunch week. For example, orders for the week of August 30th – September 3rd must be placed by Monday, August 23rd , , at midnight, PST. There are no exceptions unless your school is specifically offered Kid Chow’s Late Order feature. Late Orders will have an additional charge and will be available from a more limited menu. Late Orders will be accepted after the order deadline up to 48 hours prior to any lunch day (Tuesday at midnight for Friday) with the exception of Thursday at midnight for the following Monday and Friday at midnight for the following Tuesday.

5. Payment for Lunch Orders

Kid Chow is 100% credit card only accepts both Visa and Mastercard. Credit card transactions are secured through GeoTrust, the world’s second largest digital certificate provider, and processed through Authorize.Net, one of the largest credit card processing gateways. Kid Chow stores credit card information using industry security standards. Customers can choose to disallow Kid Chow from storing their credit card information by selecting the opt-out option in their account profile. Prepayment using check payments may be accepted if prearranged directly with Kid Chow.

6. Confirmation of Your Lunch Order

Upon your completion of the Kid Chow Checkout process, an itemized receipt of your Kid Chow lunch order will appear. It is your responsibility to ensure this receipt is accurate. If not, please contact Kid Chow immediately either via email at chow@kidchow.com or phone at 415-552-7111 to resolve any discrepancy. You should print a copy of this receipt. These receipts can also be viewed in your Account Purchase History on our website. Kid Chow will send a non-itemized email confirmation of your order to the email address specified in your account.

7. Cancellation and Refunds

Kid Chow’s cancelation deadline is the same as it standard order deadline, Monday’s at midnight one week prior to each lunch week. There are no exceptions including sick days or field trips. Kid Chow does not deliver lunches early enough for field trips, so parents are responsible for not ordering on scheduled field trip dates (almost all field trips are scheduled in advance our our ordering deadline) or canceling previously ordered lunches prior to the cancel deadline. Kid Chow’s online ordering calendar only blocks out published non-school and minimum days. Cancelations are performed online through Kid Chow's online cancellation capability. Kid Chow doesn’t not accept cancelations via email. Upon cancellation, Kid Chow will automatically credit your Kid Chow account balance. Kid Chow does not apply any credits back to the credit card on account. Any positive account balance will automatically be applied to future lunch orders. Any remaining balance at the end of the school year will be refunded via check upon request via email. Once the order deadline has passed, Kid Chow will deliver all ordered lunches to the school. Each school has a policy for unclaimed lunches. You can contact the school directly to arrange a lunch pickup or a specific lunch donation. If your child is sick or your child will not be in school for any reason, please contact the school directly if you would like to arrange an alternative lunch pickup such as by a sibling or another parent. Kid Chow will deliver the lunch as planned.

8. Late Service: Adding new or changing existing lunch orders

You can change menu items on existing orders online prior to the standard ordering deadline of Monday at midnight the week prior to each lunch week. If an ordering deadline has passed, we will try and accommodate changes to existing lunches subject to availability. This must be done in writing by contacting Kid Chow via email at chow@kidchow.com . You must receive confirmation via email from Kid Chow that your request for a changed menu item has been processed. There is no charge for this service.

9. Field Trip/Early Delivery

Kid Chow will not deliver lunches prior to its regular delivery schedules. Pack your child a lunch on all field trip days. The Kid Chow lunch cancellation policy will apply to all field trips. This means that parents may only cancel lunches for credit prior to the order and cancellation deadline for the lunch week of the field trip. Almost all field trips are planned in advance of our order and cancel deadlines. Consequently, if you order a lunch on a day of a scheduled field trip and it after the cancellation deadline, the lunch will still be delivered as planned. We encourage parents to make arrangements or remind their children to pick up the lunch at the end of the school day.

10. Food Allergies/Damages Exclusion

Kid Chow’s kitchen facility is nut-free. Kid Chow prepares meals in a facility that uses soy, wheat, dairy and other known allergens. Kid Chow’s menu only includes items that have nut-free ingredients. However, most manufacturers provide a warning on their labels that their food items are prepared in a facility that uses nuts and other allergens. If your child has food allergies, it is your responsibility to contact us directly to discuss any potential risks in our menu offering and make menu selections that are safe for your child. Kid Chow’s online ordering allows for customization and selections including gluten and dairy free options are available for many items. We honor all school policies regarding food allergies. It is your responsibility to inform your child that their lunch has been prepared solely for them and instruct them not to share their food with any other person, especially another child who may have an allergy to one of the food items. Kid Chow’s lunch service is voluntary and you participate at your own risk. Kid Chow will not be liable to you or any third party for any direct, indirect punitive, incidental, special, consequential damages or any damages whatsoever that result from your use of this service. This limitation applies regardless of the legal theory of liability.

11. Disclaimer/No Warranty

Kid Chow provides its services on an "as available" basis. There may instances when our service is not available due to a natural disaster or our website is not available due to unforeseen technical problems. Therefore, Kid Chow does not warrant that the service will be uninterrupted. All cancelation and Ordering deadlines will apply with no exceptions. On occasion, we may not have an item you have ordered. If time permits we will make our best efforts to contact you via email. If we cannot contact you we will provide a substitute choice based on your past lunch history orders or similar items. Kid Chow seeks to provide the healthiest lunches meals possible at an affordable price. We strive to use many organic ingredients and we try and offer foods that are nitrate and trans-fatty acid free. However, Kid Chow does not guarantee all items will be organic or all natural. Kid Chow nutritional information comes from a variety of sources, including the FDA, the USDA, the National Research Council, Nutridata software and the food manufacturers themselves. In some cases, we have estimated nutritional values and recommended daily allowances (RDA) for each age group when published information was unavailable. Kid Chow RDA’s are averages and do not specifically consider factors such as sex, weight and the innate individuality of every child. As a result, Kid Chow nutritional information should be used as general guideline only.

12. Prices

Prices are determined on a per school basis based on a number of factors. Please contact Kid Chow directly for pricing.

13. Security

We maintain security measures in place in order to attempt to protect against the loss, misuse and alteration of the personal information under our control. Please be advised, however, that the Internet and other various networking communication media are not entirely secure, and your information may therefore be subject to interception or loss that is beyond our control. Accordingly, Kid Chow assumes no responsibility or liability for disclosure of your information (personal or otherwise) due to errors in transmission, unauthorized third-party access or other causes beyond Kid Chow’s reasonable control. Furthermore, Kid Chow is not responsible for the loss or theft of lunches that occur after Kid Chow’s delivery to each school’s or camp’s agreed upon drop off location(s).

14. Acceptance of Privacy Policy

When you use the Site or a Services, you are accepting the terms and conditions of the Kid Chow Privacy Policy, and Kid Chow will have the right to use your information as described in this Privacy Policy. If you do not agree to have your information used in any of the ways described in our Privacy Policy, you must discontinue use of the Site and Service. Kid Chow reserves the right to modify this Privacy Policy at any time. Your continued use of the Site or Services after Kid Chow either personally notifies you or generally posts such changes on www.kidchow.com will constitute your acceptance of those changes.

15. Permitted Use

The Service is for your personal and non-commercial use. Unless otherwise agreed to in writing by Kid Chow, you agree that you will not use the Service or duplicate, download, publish, modify or otherwise distribute or use any material included in the Service for any purpose, except to review the information included in the Service or order our lunches for your personal use. Use of the Service or the materials or content contained in the Service for any purpose not set forth in this Customer Agreement is prohibited.

16. Proprietary Rights

Kid Chow owns all right, title and interest in and to the Service and all materials and content contained in the Service, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials provided as part of the Service is strictly prohibited.

17. Indemnification

You will indemnify and hold harmless Kid Chow and its representatives, agents, affiliates, directors, officers, employees, managers and shareholders (the "Indemnified Parties"), and at Kid Chow’s option defend the Indemnified Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action ("Claim") brought against any of the Indemnified Parties arising out of your use of the Service or any alleged breach by you of any provision of these Terms of Use. If you are obligated to indemnify Kid Chow, may, in its sole absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of Kid Chow.

18. Remedies and Kid Chow’s Right to Collect From You

Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, place a hold on funds in your account, limit funding sources and payments, limit access to an account and any or all of the account's functions, indefinitely suspend or close your account and refuse to provide our Services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your account or activities pose a significant credit or fraud risk to us; or (d) we believe that your actions may cause financial loss or legal liability for you, our users or us. In addition, Kid Chow reserves the right to place a hold funds on account to ensure integrity of the funds. Additionally, to secure your performance of this Agreement, you grant to Kid Chow a lien on and security interest in your account. In addition, you acknowledge that Kid Chow may setoff against any accounts you own for any obligation you owe Kid Chow at any time and for any reason allowed by law. Kid Chow may consider this Agreement as your consent to Kid Chow asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights.

19. Assignability

You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of Kid Chow. Kid Chow reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.

20. Notices

20.1 Electronic Communications. You agree that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from Kid Chow in electronic form. Electronic Communications may be posted on the pages within the Kid Chow website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Kid Chow reserves the right but assumes no obligation to provide Communications in paper format.

20.2 Procedure. Except as explicitly stated otherwise, any notices shall be given by email to the email address you provide to Kid Chow during the registration process. Notice shall be deemed given 24 hours after posted or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to Kid Chow during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

21. General

This Agreement is governed by and interpreted under the laws of the state of California, U.S. as such laws are applied to agreements entered into and to be performed entirely within California by California residents. No failure or delay by Kid Chow in exercising any right, power or privilege under this Customer Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Customer Agreement. The invalidity or unenforceability of any provision of this Customer Agreement will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Kid Chow Service or this Customer Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Customer Agreement are for convenience only and have no legal or contractual effect. This Customer Agreement represents the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. These terms and conditions are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You agree that this Agreement and all incorporated agreements may be automatically assigned by Kid Chow, in our sole discretion, to a third party in the event of a merger or acquisition.

22. Disclosures

The Services are offered by Kid Chow LLC., corporate office located at 610 22nd Street, Suite 250, San Francisco, California 94107. If you are a California resident, you may have this same information emailed to you by sending a letter to the address above with your email address and a request for this information. Disputes between you and Kid Chow regarding our Services may be reported via email at chow@kidchow.com at any time, or by calling (415) 552-7111 from 8 AM to 6 PM Pacific Standard Time. Additionally, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.