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.
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