The Health-e Living web site (www.ahigherlevel.com) is an online information and communications service. Water Walkers Inc dba A Higher Level and its affiliates provide this service to you ("you" or "your" means any person using the website or service) subject to the following conditions. Your access and use of this site and its services (collectively, the “Service”) bind you to this Agreement. Please read them carefully. If you do not agree to the Terms and Conditions of Use for this site, you may not use the site or its services.
PLEASE NOTE: YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS SERVICE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS SERVICE AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE.
Water Walkers, Inc. must collect certain information in order to operate this Website and to fulfill your requests or enable participation in certain online activities. But Water Walkers, Inc. respects the privacy of its visitors, and is especially mindful of protecting the privacy of young children visiting our sites. Please review our Privacy Notice, which also governs your visit to the Health-e Living web site, to understand our practices.
When you visit the Health-e Living web site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content, titles, graphics, logos, button icons, images and software are the copyrighted material of Water Walkers Inc., or its licensors, and you agree not to download (other than page caching) or modify it, or any portion of it. The compilation of all content on this website is the exclusive property of Water Walkers, Inc., and is protected by U.S. and international copyright laws. Reproduction, republication or distribution of any material from the website is strictly prohibited, except that you may, for personal and non-commercial use only, make a single hard copy of your transactions for your personal records.
The Health-e Living name, logo, button icons, and all related logos, products and services described in this website are trademarks or registered trademarks of Water Walkers, Inc. All other trademarks that appear on this website that are not owned by Water Walkers, Inc., or its affiliates, are the property of their respective owners.
LICENSE AND SITE ACCESS
Water Walkers, Inc. grants you a limited license to access and make personal use of this Service to view the nutritional information of the foods provided by the school and/or school district (i.e., school meals). The Service is not password protected and can be used without restriction by any person using the Internet. The product specific nutrition information is provided by the subscribing District. You will hold Water Walkers, Inc. harmless for any information provided via the Service or disputes between you and the school or school district.
The Health-e Living web site may be accessed by the Internet. It is your responsibility to meet these requirements.
Use of the Service by the Internet (a) requires access to the Internet, (b) requires Microsoft Internet Explorer 6.0 or later, (c) and may require other associated hardware and/or software.
LINKS TO THIRD PARTY WEBSITES
The Health-e Living web site may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
LIMITED LIABILITY; DISCLAIMER OF WARRANTY
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THAT MEANS THAT THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS SERVICE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS TO THIS SITE IS VOLUNTARY. WE WILL REGARD ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
This site and its services are for consumer educational use only. Nothing contained in this site is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment. The services provided on this site are here to educate consumers on DIET AND NUTRITION issues that may affect their daily lives. This site and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment.
WATER WALKERS, INC., AND IT AFFILIATES, MAKE NO WARRANTY AND DISCLAIM LIABILITY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR FREE FROM VIRUSES OR OTHER DEFECTS OR HARMFUL COMPONENTS, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICE. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT THE USE OF THIS SERVICE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSABLE BY APPLICABLE LAW, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY CLAIMS, LOSSES, ACTIONS, DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE OF THE SERVICE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY OR INTERRUPTION IN OPERATION OR TRANSMISSION, COMMUNICATION LINE FAILURE, SECURITY BREACH, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF INFORMATION. IN NO EVENT SHALL WATER WALKERS, INC., OR IT AFFIALIATES, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold Water Walkers, Inc. and their affiliates, and any respective officers, employees, agents and contractors, harmless from and against all claims, expenses and damages, including reasonable attorneys' fees, arising out of or resulting, directly or indirectly, from any act or omission by you or the Child with respect to the Service or the Child's school.
By visiting the Health-e Living web site, you agree that the laws of the State of California will govern these Terms of Service, and any dispute relating to the Service provided herein shall be subject to the jurisdiction of the courts of the State of California.
SITE POLICIES, SEVERABILITY
This Agreement and other agreements, policies and any operating rules posted on the Service constitute the entire agreement between you and us with respect to use of the Service, and supersede all previous written or oral agreements between the parties with respect to such subject matter. Water Walkers, Inc., reserves the right at any time to change, add or delete any aspect or feature of the Service and the terms and conditions thereof, including but not limited to, respective service charges. We will provide notice of any such change by posting a notice to the website or as otherwise required by law. Any use of the Service by you after such notice shall be deemed to constitute acceptance by you of such changes. Any waiver of our rights must be in writing and signed by us. Should any provision of this Agreement be held invalid or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
© 2003-2008 Water Walkers, Inc. This policy was updated on April 15, 2008.