Health-e Pro offers cloud-based menu planning software to aid school nutrition professionals plan nutritious, compliant meals in their schools.
By logging into this website, the User acknowledges that they have read and agree to the following terms of service between the User and Water Walkers Inc, a California corporation ("Water Walkers"), whose mailing and billing address is PO Box 124, Anacortes, WA 98221
WARNING: THE DATA CONTAINED WITHIN THE SERVICES CANNOT BE USED FOR AND DOES NOT PROVIDE MENU PLANNING OR MEDICAL TREATMENT FOR ANYONE WITH A MEDICAL CONDITION, DIETARY RESTRICTION OR FOOD ALLERGY. USE OF THE SERVICES TO PROVIDE MENU PLANNING OR MEDICAL TREATMENT FOR ANYONE WITH A MEDICAL CONDITION, DIETARY RESTRICTION OR FOOD ALLERGY IS A VIOLATION OF THE TERMS OF THIS AGREEMENT. ANY SUBSCRIBER PLANNING FOR OR TREATING MEDICAL CONDITIONS, DIETARY RESTRICTIONS OR A FOOD ALLERGY MUST CONSULT A MEDICAL PROFESSIONAL FOR ASSISTANCE.
Subject to the terms of this Agreement, Water Walkers hereby grants to Subscriber a non-sublicensable, non-transferable, non-exclusive subscription to access and use the Services, as hereinafter defined, solely for the limited purposes set forth in the Agreement.
Water Walkers shall make available to Subscriber the Services as more specifically set forth on the Proposal. The terms and conditions of this Agreement, and the terms and conditions of any addendum to this Agreement, shall govern Subscriber's use of any new feature(s) or services that augment or enhance the current Services, including the release of any new services or upgrades to existing Services.
Support services provided by Water Walkers in connection with the Services under this Agreement shall only be to the registered users with assigned logins and shall include telephone, web, and email support during Water Walkers' normal business hours (5:00 a.m. to 5:00 p.m. Pacific Time Zone; Monday through Friday). Support for software issues is generally within one (1) business day. Water Walkers reserves the right to modify the support services in its reasonable discretion from time to time with notice to Subscriber.
The Subscription Administrator will be provided User ID(s) and password(s) for access to the Services. Subscriber shall be responsible for ensuring the administration, security, and confidentiality of its User ID(s). The only persons who shall be authorized to access the Services shall be Subscriber's employees. Subscriber shall use commercially reasonable efforts to prevent unauthorized access to, or use of, the Services, and shall notify Water Walkers promptly of any such unauthorized use or suspected unauthorized use. Water Walkers reserves the right to log off Subscriber if it is inactive for an extended period of time.
Subscriber is solely responsible for Subscriber's Data and shall not provide, post, or transmit any Subscriber Data or any other information, data, or material that in any way infringes or violates any intellectual privacy rights, general privacy rights, laws, or regulations. Water Walkers reserves the right to take remedial action if Subscriber Data violates this provision; however, Water Walkers is under no obligation to review Subscriber Data for violation of this provision.
Subscriber is responsible for all activities that occur under the Subscriber's accounts. Subscriber shall not, and shall not attempt to:
The Services cannot be used to treat medical conditions, dietary restrictions or allergies. Subscriber may use the Services only within the District or Subscriber's business. The Services may not be used to provide menu planning information or solutions to third parties. The Services may not be reproduced, transmitted or distributed by Subscriber without the prior written consent of Water Walkers.
As consideration for the subscription to the Services provided by Water Walkers under this Agreement, Subscriber shall pay Water Walkers the Fees set forth in the Proposal. All Fees will be billed on an annual basis and are due within thirty (30) days of the date of the invoice, unless stated otherwise in the Proposal. Water Walkers reserves the right (in addition to any other rights or remedies Water Walkers may have) to discontinue the Services and suspend all User IDs and Subscriber's access to the Services if any Fees set forth in the Proposal are not received by the due date, until such amounts are paid in full.
Unless otherwise specified in a multi-year purchase contract, the Term of this Agreement shall be for a period of twelve (12) months. Thereafter, this Agreement will automatically renew for successive twelve (12)-month Terms, unless one of the parties gives written notice of non-renewal at least thirty (30) days prior to the expiration of the then-current Term. Water Walkers reserves the right to increase the Fees applicable to any renewal Term upon thirty (30) days' written notice to Subscriber prior to renewal. If Subscriber does not object in writing to the Fees, as increased, at least ten (10) days prior to the commencement of the renewal Term, or does not give written notice of non-renewal at least thirty (30) days prior to the commencement of the renewal Term, this Agreement shall renew, and the Fees, as increased, shall apply to the renewal Term.
Except as otherwise provided in Section 3.3 and this Section 5.2 of this Agreement, Water Walkers may terminate this Agreement prior to the expiration of the Term upon written notice if Subscriber materially breaches the Agreement and does not cure such breach (if curable) within thirty (30) days after written notice of such breach. Any termination of Subscriber's access to the Services due to the incurable breach of any provision of this Agreement, or Subscriber's misappropriation, infringement or other violation of a third party's intellectual property rights, may be effected, in Water Walkers' sole discretion, without prior notice, and Water Walkers may immediately deactivate or delete Subscriber's Services account. Subscriber acknowledges that any Fees paid shall not be refunded upon early termination of this Agreement.
Subscriber acknowledges that Subscriber shall obtain direct access via Water Walkers' website to certain Water Walkers confidential information, including but not limited to any and all password or controlled access information provided by Water Walkers, product documentation, and Water Walkers databases containing confidential information of Water Walkers and its licensors. Subscriber may use the Information obtained from Water Walkers' website, or by any other means of disclosure, solely for the use of the Services as set forth in this Agreement to the full extent of applicable law.
Subscriber acknowledges that (a) Water Walkers retains all right, title and interest in and to (i) the System, (ii) all software, materials, formats, interfaces, information, data, content and Water Walkers proprietary information and technology used by Water Walkers or provided to Subscriber in connection with the Services, and (iii) all suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Subscriber or learned as a result of Subscriber's use of the Services (collectively, the "Water Walkers Technology"), and (b) the Water Walkers Technology is protected by intellectual property rights owned by or licensed to Water Walkers. Except with respect to the subscription to access and use the Services for the limited purposes as set forth in this Agreement, no license or other rights in the Water Walkers Technology are granted to Subscriber, and all such rights are hereby expressly reserved by Water Walkers.
Except as hereinafter set forth, Subscriber retains all right, title and interest in and to the Subscriber Data. Subscriber grants to Water Walkers all necessary licenses in and to such Subscriber Data as necessary for Water Walkers to provide the Services to Subscriber or as required by law. Subscriber shall be solely responsible for providing all Subscriber Data required for the proper operation of the Services for Subscriber. In addition to the foregoing, Subscriber acknowledges and agrees that Subscriber Data may be added to Water Walkers' Global Database and Manufacturer Marketplace, as described in the Proposal, to be made available to other subscribers of Water Walkers, and Subscriber grants Water Walkers and Water Walkers' other subscribers a non-exclusive, royalty-free, perpetual license to view, use, display, and modify the content of Subscriber's Data that is added to the Global Database and Manufacturer Marketplace.
"Water Walkers Trademarks" means all names, marks, brands, logos, designs, trade dress, and other designations Water Walkers uses in connection with the Services, software, data, or information, including without limitation, the marks "Water Walkers," "Health-e,". Healthe Living, the Health-e Meal Planner or My School Menus Mobile App logo. Subscriber may not use or co-brand Subscriber's applications, products, or material associated with Subscriber's applications or services with any Water Walkers Trademarks. Subscriber shall not incorporate any Water Walkers Trademarks into Subscriber's trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations.
Water Walkers may send notices to Subscriber via email, regular mail and/or through Health-e Meal Planner landing page.. Notices sent by regular mail shall be deemed given upon three (3) business days following deposit in the U.S. Mail. Notices sent by email shall be deemed given upon transmission and notices posted on Health-e Meal Planner landing page shall be deemed given upon posting. Any electronic communication by Water Walkers shall satisfy any legal requirement that such communication be in writing.
Water Walkers reserves the right to modify the functionality and features of the Services or Water Walkers' website at any time.
In the event Subscriber desires to add Services not listed in the Proposal after the commencement of this Agreement, Subscriber shall do so by requesting a new Proposal and shall pay any additional fees, as specified by Water Walkers. Water Walkers shall issue an addendum to this Agreement, including the new Service(s), and mark it as Exhibit B. Any further addenda issued by mutual agreement, if any, shall be thereafter marked using successive alphabetic letters. Pursuant to Section 2.1 of this Agreement, this Agreement and any addendum shall govern Subscriber's use of any new feature(s) or Services that augment or enhance the current Services, including the release of any new Services or upgrades to existing Services.
SUBSCRIBER'S USE OF THE SERVICES IS AT SUBSCRIBER'S SOLE RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. WATER WALKERS DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WATER WALKERS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE SERVICES OR CONTENT CONTAINED ON WATER WALKERS' WEBSITE. WATER WALKERS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTIES THAT (a) THE SERVICES WILL MEET SUBSCRIBER'S REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, EXCEPT FOR THE REPRESENTATIONS PROVIDED IN SECTION 2.4, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY SERVICES, DATA OR INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY SUBSCRIBER THROUGH THE SERVICES WILL MEET SUBSCRIBER'S EXPECTATIONS; OR (e) ANY ERRORS IN THE SERVICES, SOFTWARE, DATA, OR INFORMATION WILL BE CORRECTED. ANY SOFTWARE, DATA, OR INFORMATION DELIVERED PURSUANT TO THIS AGREEMENT OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT SUBSCRIBER'S OWN DISCRETION AND RISK AND SUBSCRIBER IS RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER'S COMPUTER SYSTEM OR LOSS OF DATA I, INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM COMPUTER VIRUSES OR OTHER MALICIOUS COMPUTER CODE. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE INTERNET IS A NETWORK OF PRIVATE AND PUBLIC NETWORKS, AND THAT (a) THE INTERNET IS NOT A SECURE INFRASTRUCTURE; (b) WATER WALKERS DOES NOT HAVE CONTROL OVER THE INTERNET; AND (c) WATER WALKERS IS NOT LIABLE FOR DAMAGES UNDER ANY THEORY OF LAW RELATED TO THE DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET THAT MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER FROM WATER WALKERS OR THROUGH OR FROM THE SERVICES WILL CREATE ANY REPRESENTATION, WARRANTY, CONDITION, OR GUARANTY NOT EXPRESSLY STATED IN THE TERMS OF THIS AGREEMENT.
Water Walkers DOES NOT determine any allergens. Water Walkers disclaims any responsibility for the accuracy of the independently compiled nutritional databases upon which the Services are formulated or the identification of the FALCPA Allergens. The effectiveness of the Allergen Feature in identifying the presence of Food Allergen Labeling and Consumer Protection Act ("FALCPA") Allergens in food which Subscriber plans to serve is limited by many factors, including without limitation, the following:
THE LIABILITY OF WATER WALKERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, CONTRIBUTING TO, OR DELIVERING THE SERVICES FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT OF THE FEES. IN NO EVENT SHALL WATER WALKERS BE LIABLE TO SUBSCRIBER OR ANYONE ELSE FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCURRED BY SUBSCRIBER OR ANY OTHER PERSON OR ORGANIZATION INCLUDING, WITHOUT LIMITATION, DAMAGES FOR DELAY, INCREASED EXPENDITURES, INCREASED OPERATING COSTS, LOSS OF REVENUES, PROFITS, DATA, GOODWILL, OR USE, EVEN IF WATER WALKERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES AND THE DISCLAIMERS AND LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO SUBSCRIBER IN SUCH A JURISDICTION. SUBSCRIBER HAS RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF ANY OF ITS OWN DATA AND/OR ITS EQUIPMENT USED IN CONNECTION WITH THE SERVICES AND SHALL NOT MAKE A CLAIM AGAINST WATER WALKERS FOR LOST DATA, RERUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE SERVICES.
This Agreement and the Exhibits attached hereto constitute the entire agreement between Subscriber and Water Walkers regarding the Services and govern Subscriber's use of the Services, superseding any prior agreements between Subscriber and Water Walkers specifically regarding the Services.
Subscriber may not assign or otherwise transfer this Agreement or any rights granted herein without prior written permission of Water Walkers Inc.
The failure of either party to exercise or enforce any right or provision of the terms and conditions of this Agreement does not constitute a waiver of such right or provision. Any waiver of any right or provision of the terms and conditions of this Agreement by or on behalf of either party shall be in writing.
If a court of competent jurisdiction finds any provision of the terms of this Agreement to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the relevant provision, and the other provisions of the terms and conditions of this Agreement remain in full force and effect.
Fees quoted to Subscriber are exclusive of any and all applicable taxes or fees which shall be the sole responsibility of Subscriber.
The rights and duties of the parties which, by their nature, ought to survive the termination or expiration of this Agreement, shall survive the termination or expiration of this Agreement.
Unless otherwise specified in a multi-year purchase contract, any dispute arising out of this Agreement shall be resolved by binding arbitration before a single arbitrator pursuant to the Streamline Commercial Rules of JAMS, and any award rendered thereto may be entered in any court of competent jurisdiction. The Arbitration shall be held in Orange County, California and shall provide for only such discovery as the Arbitrator shall allow.
Except as specifically provided for in this Agreement, nothing in this Agreement is intended to make any person or entity that is not a signatory to the Agreement a third-party beneficiary of any right created by this Agreement or by operation of law.
Unless otherwise specified in a multi-year purchase contract, this agreement shall be governed by the laws of the State of California.Revised 9.1.20
Water Walkers, Inc. is committed to protecting your online privacy when visiting a website operated by us. We do not collect and keep any personal information online from you unless you volunteer it and you are 13 or older. If you are under 18, please be sure to read this policy with your parents or legal guardians and ask questions about things you do not understand. Children under 13 should get your parent's or legal guardian’s permission before giving out your e-mail address or any personal information to Water Walkers, Inc. or to anyone else on the Internet.
For each visitor to our Site, our Web server automatically recognizes the consumer's domain name. We collect and log the IP address of all visitors to the Site. An IP address is a number automatically assigned to your computer whenever you access the Internet. IP addresses allow computers and servers to recognize and communicate with one another. We collect IP address information so we can properly administer our system and gather aggregate information about how our site is being used, including the pages visitors are viewing. This aggregate information may be shared with the subscribing School District. We will use IP address information to personally identify you in order to enforce our legal rights or when required to do so by law enforcement authorities. We also collect the domain name and e-mail address (where possible) of visitors to our Web pages, the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, and user-specific information on what pages consumers access or visit.
The information we collect is used primarily for the functionality of the Site and to communicate with you regarding such transactions and our products and services.
Information collected by us will not be shared with any third parties except as follows:
We are not responsible for the acts or omissions of third parties with whom we may share information under this policy. This Site may also contain links to other sites. We are not responsible for the acts or omissions of such third-party sites and encourage you to review their privacy policies before providing any information to them.
The Site is operated by Water Walkers, Inc dba Health-e Pro.
Our postal address is
P.O. Box 124
Anacortes, WA 98221
We can be reached via e-mail at firstname.lastname@example.org.
If you feel that this site is not following its stated information policy, you may contact us at the above addresses or email.
© 2003-2019 Water Walkers, Inc. This policy was updated on May 12, 2020..
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