Terms Of Use

PAMS LUNCHROOM Terms Of Use

Last Updated December 9, 2021

Thank you for visiting the Web Site for PAMS Lunchroom LLC ("PayPAMS"), maintained at https://PayPAMS.com (the "Site"). These Terms of Use govern how you may use the Site, and constitute an agreement by which you are bound by using this Site.

By accessing this Site, you hereby confirm your acceptance of these Terms of Use and your intent and agreement to be bound by them. These Terms of Use are intended to be fully effective and binding on you and on us. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE OR ACCESS THE SITE.

This Site is intended for the exclusive use of Authorized End Users. "Authorized End Users" means any individual 13 years of age and older who are permitted to use the Site. Parents and legal guardians shall be permitted to use the site by virtue of their school system's documented consent to access the Site. Individuals between the ages of 13 and 17 shall be permitted limited access to the Site to view menus and place orders provided they have obtained documented consent from their parent or legal guardian to access the Site and their school system has documented such consent. SUCH INDIVIDUALS BETWEEN THE AGES OF 13 AND 17 ARE NOT PERMITTED AND SHOULD NOT TAKE, OR TRY TO TAKE, ANY ACTION ON THIS SITE OTHER THAN VIEWING MENUS AND ORDERING MEALS. PayPAMS is expressly relying on such consents, and parents, legal guardians and school systems expect and intend for PayPAMS to rely upon such consents.

By using this Site, you represent and warrant that you are an Authorized End User. If you are not an Authorized End User, you must not use or access the Site.

Information regarding PayPAMS products and services is subject to change without notice.

Site Policies and Modifications

These Terms of Use and the other policies posted on this Site govern your use of the Site and the services offered on the Site. PayPAMS reserves the right to make changes to the Site, policies and these Terms of Use at any time. You agree that you are responsible for reviewing these Terms of Use and the Privacy Policy from time to time. Once posted herein and on the site, revised terms become effective 24 hours after posting. Your use of the Site following such effective date shall thereby confirm your acceptance of any such changes.

Accessing the Site; Account Security

PayPAMS cannot guarantee continuous access to the Site, and operation of the Site may be interfered with by numerous factors outside of PayPAMS' control. PayPAMS reserves the right to withdraw or amend the Site, and any service or material provided on the Site, in its sole discretion without notice. PayPAMS will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, PayPAMS may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

To access the Site or some of the resources it offers, you may be asked to provide certain personal information. The security of your personal information is important to PayPAMS. PayPAMS follows reasonable standards to protect the personal information submitted, both during transmission and once it is received. However, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while PayPAMS strives to use commercially acceptable means to protect your personal information, PayPAMS cannot guarantee its absolute security. For more information on how PayPAMS protects and uses your personal information, see PayPAMS' Privacy Policy at https://PayPAMS.com/PrivacyPolicy. You agree that all information you provide is governed by the Privacy Policy, and you consent to all actions PayPAMS takes with respect to your information consistent with the Privacy Policy.

If you are provided with a user name or password or any other piece of information as part of PayPAMS' security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify PayPAMS immediately of any unauthorized access to or use of your user name or password or any other breach of security.

You are responsible for all activity on your account, and with your credentials.

IT IS YOUR RESPONSIBILITY TO MONITOR ACTIVITY ON YOUR CREDIT CARDS, DEBIT CARDS, AND OTHER MEANS BY WHICH YOU PAY FOR THE SERVICE FOR ANY UNUSUAL AND/OR UNAUTHORIZED ACTIVITY. WE ARE NOT RESPONSIBLE FOR MONITORING YOUR ACCOUNTS. IF YOU OBSERVE UNUSUAL OR UNAUTHORIZED TRANSACTIONS ON YOUR ACCOUNTS, PLEASE NOTIFY BOTH YOUR SCHOOL AND US AT support@paypams.com; PLEASE ALSO NOTIFY YOUR ACCOUNT DIRECTLY.

While we do not have responsivity to monitor activity on your account, we reserve the right to disable, without prior notice, any user name, password or other identifier, whether chosen by your or provided by PayPAMS if, in PayPAMS' opinion, you or anyone using the Site with your credentials, have violated any provision of these Terms of Use, failure to cooperate in an investigation, disputes, or provide additional information when requested.

Intellectual Property

© 2014 - 2021 PayPAMS. ALL RIGHTS RESERVED. Text, images, graphics and HTML code are protected by U.S. and international copyright laws.

All trademarks, service marks, related names, logos, trade dress, trade names, product and service names, designs and slogans (collectively the "Marks"), including, but not limited to those Marks displayed or used on the Site, whether or not in large print or with the trademark symbol, are registered or common law trademarks of PayPAMS or its affiliates or licensors, and are protected under federal and international trademark laws. Nothing contained on this Site or in these Terms of Use grants you any right to use, misuse, copy, reproduce, download, transmit, modify or distribute any of the Marks without the prior written permission of PayPAMS or that of the respective owner(s). PayPAMS reserves the right to protect its Marks to the fullest extent of the law if prior written permission is not obtained. Moreover, the Marks may not be used in connection with any product or service, or in any of submission on or to the Site in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PayPAMS. All other trademarks, service marks, logos, trade dress and trade names not owned by PayPAMS that appear on the Site are the property of their respective owner(s), who may or may not be affiliated with, connected to, or sponsored by PayPAMS.

The Site and its entire content, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by PayPAMS, its licensors, your School or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. PayPAMS grants you a limited license and permission to access and make personal use of the Site but not to download any portion of it for any commercial purpose or to modify any portion of it. Except as explicitly provided in these Terms of Use, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content of any portion of the Site for any commercial purpose. You may display and occasionally print a single copy of pages of the Site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the Site without PayPAMS' prior written or e-mailed consent, which may be withheld in PayPAMS' sole discretion.

Infringing Material

If you believe that any content or materials on the Site infringes upon any copyright that you own or control, you shall provide written notice to the Designated Agent set forth below:

    Copyright Agent
    PAMS Lunchroom LLC
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    info@PayPAMS.com
    877-726-7586

The Digital Millennium Copyright Act requires that such notification be in writing and include all of the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;


• Identification of the material that is claimed to have been infringed, or, if multiple copyrighted works of a single online site are covered by a single notification, a representative list of such works on the Site;


• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit PayPAMS to locate the material;


• Information reasonably sufficient to permit PayPAMS to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;


• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and


• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.

Fees and Charges

You may be required to pay a fee for the convenience of paying amounts by using the service ("Service Fee"). If you are required to pay a Service Fee, you will be notified of the exact amount of the Service Fee prior to making your payment through our payment portal.

‬‬‬‬‬‬‬‬‬ The Service Fee covers the cost of processing the payment transactions, including third party payment processors' fees, our costs to operate and maintain the Site, and related costs we incur to provide the services. The School or School District receives the proceeds of all payments less any Service Fees associated with the transaction, as described in this Agreement.

Refunds Only From School/School District

Your school's use of payments or prepayments is governed by your agreement or arrangement with the school or school district, and PayPAMS is not responsible for the school's handling of your payments or prepayments after the school receives the funds from the Service, including, but not limited to, any failure by a school or school district to record, apply, or refund a payment made by you via the services.

If you are not satisfied with any goods or service purchased with a payment made through the services, you agree to resolve the issue with the associated School or School District. The methods for refunds are determined solely by the School or School District. Refund policies may vary from one school district to another.

You agree to not seek refunds from PayPAMS after PayPAMS has deposited the payment amount into your School's or School District's designated account. If you would like a refund of any payment amount that has not been used to purchase goods or services from your School or School District, or are requesting a refund for remaining funds on your account balance, you must contact the participating School or School District directly.

PayPAMS' Service Fees are not refundable, and you agree that you will not seek and are not entitled to refund of any Service Fee.

In connection with the services, you may not attempt to "double dip" during the course of a refund or payment dispute by receiving or attempting to receive funds from both PayPAMS, the participating School or School District and/or the participating credit/debit card company or financial institution/bank;

Payment Issues; Account Suspension or Termination

We reserve the right, to disable, without prior notice, any account if we:

• Detect unauthorized or unusual use of your credit card or bank account


• Observe transfers or receipt of fraudulent or suspected fraudulent funds


• Detect excessive payment disputes or reversals


• Detect "kiting" type attempts


• Do not receive your full cooperate in an investigation regarding your account or disputes, or you provide additional requested information when requested


• Do not receive from you confirmation of any personal or bank account information previously provided by you associated with the use of our services


• If your payments are rejected for insufficient funds, returns, or reversals of any kind related to your payment account.

PayPAMS also reserves to block, without notice, certain payment methods based on dispute or payment return history.

Restriction on Your Use

You may use the Site only for lawful purposes and in accordance with these Terms of Use. While using the Site, you will not:

• Violate any applicable federal, state, local or international law or regulation;


• Post false, inaccurate, misleading, defamatory or libelous content (including personal information);


• Distribute or post junk mail, chain letters, spam or any other similar solicitation;


• Distribute viruses or any other technologies that may harm PayPAMS or any other Site user; or


• Harvest or otherwise collect information about other Site users, including e-mail addresses, without their express consent.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.


• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Site.


• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.


• Use any device, software, or routine that interferes with the proper working of the Site.


• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.


• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.


• Otherwise attempt to interfere with the proper working of the Site.

Without limiting the foregoing, you are expressly prohibited from using this Site to solicit or otherwise to gather in any way other users' information for any purpose whatsoever, whether to promote, market or solicit products or services.

You agree to use this Site in compliance with all applicable laws, rules and regulations in a manner that does not, in PayPAMS' sole judgment, negatively reflect on the goodwill or reputation of PayPAMS or any of its affiliates.

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any content, including, without limitation, any third party content, or any content that PayPAMS may post, or content otherwise derived from the Site to either a foreign national or a foreign destination in violation of such laws.

Limited Liability of PayPAMS; Reliance on School Information and Delayed Transmission from School; Disclaimers

Content: Reasonable care has been taken to keep the Site content accurate and up to date. However, PayPAMS makes no warranties or representations about the accuracy or completeness of the Site content nor any other warranties or representations about the content, the Site or the products or services offered thereon, all of which are provided on an "as-is" basis.

Reliance on School Provided Account Activity: We rely on the School or School District and its third party providers to update your meal account balances and cafeteria purchases. Updated information is transmitted to our services by the School or School District and/or its third party providers and such updates may take 2 or 3 business days before they are reflected on your account maintained by our services. If the information provided to us by the School or School District or its third party provider is incorrect, it is your responsibility to contact the School or School District to correct or dispute the information provided to us. The School and the program sponsors make determinations regarding eligibility for meal program subsidies and vouchers. If you believe determinations are wrong or incorrect criteria were applied, please contact the School or program sponsor. We rely on the accuracy of the information provided to us by the School or School District and/or its third party provider, and are not able to resolve these disputes on your behalf.

Delayed Updates: As noted above, because of the delay that may occur as to when the School or School District and/or its third party provider transmits to our services transaction and account activity, there may be a delay in triggering automatic payments, submission of applications for meal subsidies, posting updated meal account balances and cafeteria purchases, email reminders, or processing applications for free meal programs and/or subsidized. The updates are provided by third parties – whether the School itself, or other third parties providing services to the School.

You Must Protect Your Credentials: You are responsible to protect and secure your account access credentials and to not allow third parties or authorized users to use your credentials for unauthorized purposes. PayPAMS will not be liable for any actions or transfers by any other individual that uses your user name and/or password or identity with or without your consent or knowledge.

PayPAMS shall not be responsible/liable for payments made to any School, School District or other third parties or for payments made in incorrect amounts, incorrect billing methods, or incorrect payment frequencies because of errors made by you or the School (or a third party provider to the School). These disputes must be resolved between you and the School.

You understand that PayPAMS cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing procedures you deem sufficient for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of lost data.

TO THE FULLEST EXTENT ALLOWED BY LAW, YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER PayPAMS, NOR ANY OF ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE, OR CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS ("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"), WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES PayPAMS OR ANY OF ITS ASSOCIATES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR PayPAMS' SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR USER CONTENT DESCRIBED ON THE SITE.

EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE SITE, PayPAMS' SERVICES, PayPAMS INFORMATION AND USER CONTENT PROVIDED AND/OR MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PayPAMS SPECIFICALLY DISCLAIMS WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE, THE INFORMATION CONTAINED ON THIS SITE, THE USER CONTENT PROVIDED AND/OR MADE AVAILABLE ON THE SITE, AND ANY PRODUCT OR SERVICE DESCRIPTIONS ON THE SITE, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY PayPAMS OR ITS ASSSOCIATES SHALL CREATE ANY WARRANTY.

EXCEPT AS PRESCRBIED BY LAW, UNDER NO CIRCUMSTANCES SHALL PayPAMS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE OR PayPAMS' INFORMATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE OR INFORMATION, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION, SERVICES AND/OR USER CONTENT OBTAINED OR REVIEWED FROM OR ON THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PayPAMS RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, INFORMATION, AND SERVICES THAT ARE AVAILABLE THROUGH THE SITE.

PayPAMS DOES NOT WARRANT THAT THE MATERIALS, INFORMATION, OR CONTENT INCLUDED ON OR AVAILABLE THROUGH THE SITE ARE ACCURATE, RELIABLE, CURRENT OR CORRECT; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK.

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. Further, some jurisdictions do not allow for the disclaimer of warranties, so if prohibited by applicable law, such disclaimer shall not apply to you.

Changes to the Site

PayPAMS may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and PayPAMS is under no obligation to update such material.

Privacy Policy & PayPAMS' Rights

All information PayPAMS collects on this Site is subject to the PayPAMS Privacy Policy https://PayPAMS.com/PrivacyPolicy. PayPAMS may disclose any of your submissions, records or electronic communications of any kind and any information you provide to PayPAMS or its affiliates, through the Site or otherwise (i) when PayPAMS believes disclosure to be appropriate to comply with any law, regulation or government or law enforcement request or to comply with judicial process; (ii) if such disclosure is necessary or appropriate to operate this Site; (iii) to your School and/or to third party service providers to the School or us as needed to provide the services hereunder; (iv) to detect, prevent or otherwise address fraud, security or technical issues; or iv) to protect PayPAMS' rights or property, other users of the Site, and PayPAMS' affiliates. By using the Site, you consent to all actions taken by PayPAMS with respect to your information in compliance with the Privacy Policy.

Links from this Site

The Site may contain links to various third party sites. PayPAMS may not be affiliated or associated with sponsors of sites which hyperlink to or from this Site or other sites. The linked sites are not under PayPAMS' control and PayPAMS is not responsible for the content of any linked site or any link contained in a linked site. PayPAMS makes no representations or warranties as to the information, goods or services offered through those sites, and by having a link on this Site to any third party site, PayPAMS is not endorsing the information, goods or services offered through those sites. You should review the terms of use of those sites, as you will be bound by them when visiting those sites. You proceed to those external sites at your own risk. NEITHER PayPAMS NOR ITS OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES SHALL BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF (1) THE USE OF OR RELIANCE UPON THIS SITE OR ITS CONTENT, OR (2) THE ACCESS TO, USE OF, OR RELIANCE UPON ANY LINKS OR POINTERS TO INFORMATION CREATED OR MAINTAINED BY OTHERS ON THIS SITE. PayPAMS reserves the right to terminate any link or linking program at any time.

Linking to this Site

Creating or maintaining any link from another site to any page on this Site without PayPAMS' prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another site without PayPAMS' prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rules and regulations.

Indemnification

As a condition of use of the Site and/or using the services, accessing information on the Site, and/or your submission of content and/or posting of content on the Site, you agree to indemnify and hold harmless PayPAMS, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all liabilities, expenses (including reasonable attorneys' fees and costs) and damages arising out of any and all direct or indirect claims resulting from or relating to (i) your use of this Site or the information provided on the Site; (ii) our use of the services offered on the Site; (iii) the goods featured on the Site; and/or (iv) any breach by you of the Terms of Use and/or the Privacy Policy, including any claims alleging facts that, if true, would constitute a breach by you of the Terms of Use or the Privacy Policy. This indemnity is in addition to, and not in lieu of, other indemnity obligations stated herein.

Governing law; Jurisdiction

By visiting the Site, using the services offered on the Site and/or submitting and/or posting content on the Site, you agree that the laws of the State of New Jersey, excluding conflicts of law provisions will govern this Agreement and any dispute of any sort that might arise between you and PayPAMS regarding use of the Site, the Privacy Policy or the Services we provide. The sole and exclusive forum for any dispute arising out of or in connection with your visit to the Site, using the services offered on the Site, our Privacy Policy or otherwise, shall be the state courts of New Jersey located in Bergen County, New Jersey or the Federal Courts for the district of New Jersey. You and PayPAMS consent to exclusive jurisdiction and venue in such courts and waive any and all claims of inconvenient forum and immunity. YOU AND PayPAMS EXPRESSLY AGREE HEREBY, TO THE FULLEST EXTENT PERMITTED BY LAW TO WAIVE THE RIGHT TO A TRIAL BY JURY

Headings; No Waiver; Severability

Headings are for reference purposes only and do not have any interpretive effect.

PayPAMS' failure to act with respect to a breach by you or others does not waive PayPAMS' right to act with respect to subsequent or similar breaches. PayPAMS does not guarantee that it will take action against all breaches of this Agreement.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, together with PayPAMS' Privacy Policy https://PayPAMS.com/PrivacyPolicy, sets forth the entire agreement regarding your access to and use of the Site, and supersedes all prior or contemporaneous communications, promises and proposals, whether written or electronic, between you and PayPAMS with respect to this Site.

Questions

If you have questions or comments about these Terms of Use, please contact PayPAMS at: info@PayPAMS.com or 877-726-7586.