A Higher Level Privacy Statement  

TERMS OF SERVICE

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.

PRIVACY

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.

ELECTRONIC COMMUNICATIONS

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.

COPYRIGHT

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.

TRADEMARKS

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.

REQUIREMENTS

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.

INDEMNIFICATION

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.

APPLICABLE LAW

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.

PRIVACY POLICY

Introduction

This is the privacy policy for the www.ahigherlevel.com and the Health-e Living Web Site (the "Site"), which is owned and operated by Water Walkers, Inc. ("We", "Us" or "Our"). We take privacy seriously and have established this privacy policy to govern the privacy of information we collect from users of and visitors to our Site. Any person who uses or visits our Site consents to this policy and agrees to be bound by it. In this policy, we describe the information that we collect, what we do with that information and with whom we share that information.

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.

What Information Do We Collect?

We use "cookies" to collect information. A cookie is a piece of information sent to your browser by our Web server. The browser then returns certain information to our Web server. Most Web browsers automatically accept cookies but allow you to modify security settings so you can approve or reject cookies on a case-by-case basis. Our site requires that cookies, JavaScript and/or Java Applets be enabled. If you reject cookies from our site, some parts of our site may not work properly.

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.

How Do We Use the Information We Collect?

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.

With respect to cookies: we use cookies to record session information, such as recording user-specific information on what pages users access or visit, and to sort the data by the choices made by the user of the web site.

Do We Share the Information With Third Parties?

Information collected by us will not be shared with any third parties except as follows:

1. We may share information with agents or contractors who assist in providing support for our internal operations;

2. We may disclose information when legally required to do so, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing our Site and applicable laws or to protect against misuse or unauthorized use of our Site; and

3. We may disclose information to a successor entity in connection with a corporate merger, consolidation, sale of assets or other corporate change respecting the Site.

4. We may disclose information to the contracting School District such as number of visits to the site and your contact information if you submit it via our contact form.

Disclaimer

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.

Changes to Policy

From time to time, we may change or amend our privacy policy. If we change our privacy policy, we will post the policy changes to our Site to notify you of these changes and we will apply the changed policy to all data collected from the time of the policy change forward. We will not notify users by e-mail of any changes to the privacy policy. Your use of the Site after a policy change has been posted constitutes your acceptance of the policy change. If you are concerned about how your information is used, you should check back at the Site periodically.

How to Contact Us

The Site is operated by Water Walkers, Inc dba A Higher Level.

Our postal address is
4790 Irvine Blvd., Suite 105-413
Irvine, CA 92620

We can be reached via e-mail at contact@ahigherlevel.com
or you can reach us by telephone at (714) 838-3630.

If you feel that this site is not following its stated information policy, you may contact us at the above addresses or phone number.

Effective Date

© 2003-2008 Water Walkers, Inc. This policy was updated on April 15, 2008.