Terms and Conditions
For use of our Website and Services
Hello and welcome to the Meal Prep Fit (“MPF”, “https://mealprepfit.com”) website! Please take the time to comprehensively read this agreement to ensure that you understand each provision before using our website (“Site”). These terms and conditions (the “Terms”) govern your use of MPF’s websites, emails, and mobile applications that link to or reference these Terms. Our website provides information regarding our service that provides fully cooked and chilled meals for delivery. These and other related services are (“Services”).
Visiting MPF or sending emails to MPF constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
COMMUNICATION VIA TELEPHONE CALLS AND TEXT MESSAGES
When creating an account, a field to provide us with a telephone number for us to reach you will be required for shipping, deliveries, and/or calls regarding your order(s). All calls to and from MPF may be monitored or recorded.
AGE ELIGIBILITY AND RESTRICTIONS
MPF does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use MPF only with permission of a parent or guardian.
The Service is controlled, operated and administered by MPF from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MPF Content accessed through https://mealprepfit.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MPF is not responsible for third party access to your account that results from theft or misappropriation of your account. MPF and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
IMPORTANT HEALTH INFORMATION
If you are a person with serious health conditions and/or have certain dietary conditions or restrictions, whether known or unknown, please read this provision carefully. It is YOUR RESPONSIBILITY to have your physician approve the consumption of MPF products prior to placing an order on the Site. These include, but are not limited to people who are (a) are pregnant (b) are diabetic or prediabetic, (c) have anorexia or bulimia, (d) have chronic kidney disease, (d) if you are a child under the age of 17 years old, (e) a mother who is nursing or (f) an individual with compromised immune systems.
At MPF we have a quality assurance individual inspect your meals for food quality, presentation and packaging before delivery. However, you are solely responsible for inspecting all ingredients you receive for any damage or other issues upon delivery of the final product and for assessing the freshness of your delivered product. Please inspect your meals to confirm that the meal ingredients arrive in a cool, refrigerated condition and store at or below 41 degrees Farenheit immediately. Please refer to the next provision regarding Meal Satisfaction and Refunds.
We recommend that all individuals follow the U.S. Food and Drug Administration’s (“USDA”) recommendation on consumption of foods at the following link: http://www.fsis.usda.gov/wps/portal/fsis/topics/food-safety-education/get-answers/food-safety-fact-sheets/at-risk-populations. Additionally, we recommend that you follow the USDA’s instructions on safe food handling and on food storage to mitigate the risk of foodborne illness at the following link: http://www.fsis.usda.gov/wps/portal/fsis/topics/food-safety-education/get-answers/food-safety-fact-sheets/safe-food-handling/keep-food-safe-food-safety-basics/ct_index. The failure to adhere to safe food handling and proper food storage may increase the risk of food-borne illnesses.
PURCHASES AND PAYMENTS
We are really glad that you are interested in our product. If you want to place an order for any of our products on our Site or redeem a Gift Card, then you will need to provide standard payment information including: your full first and last name, telephone number, payment card number, expiration month, card verification value (CVV) number, billing address, and shipping address.
By supplying payment information to make a purchase, you are authorizing us (or our third party payment processor) to charge your payment method for the total amount of your order, including; any applicable taxes and delivery fees. If the payment method is not verifiable, is invalid or is not accepted, your order may be suspended or cancelled and may result in a delay of your delivery. If you will like to proceed with your order, you can revise or update the payment information at any time by logging into your account.
By placing an order to make a purchase and by supplying payment information, you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the Purchase. We reserve the right to refuse or cancel your Purchase at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, errors in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
All of our prices shown are in U.S. dollars. At our sole discretion, we have the right to adjust prices of our products as necessary. Buying our products and using our Services is intended for individual consumption and is disallowed from being used for resale or any commercial purposes.
SUBSCRIPTIONS, CONTINUOUS SUBSCRIPTIONS & CANCELLATION POLICY
Subscriptions. We offer the ability to add a Subscription ("Subscription") for each account and by signing up for subscriptions you agree to our terms and conditions. The Subscription is based on the number Meals ("Meals") you select in the week and is delivered on the following Sunday. The number of Meals you receive and the amount you are charged may vary from week to week depending on any updates, additions and substitutions you may make to your Subscription before the weekly order processing day and time. If your Subscription changes, the applicable weekly Subscription price may also change. Changes to your Subscription, or other choices you may make (such as the number of meals you receive), may also result in changes to any applicable shipping and handling charges and meal delivery times. If we change the prices or other charges associated with our Subscription, we will provide you with notice of such changes, such as by email or a notice posted on our Sites. The fees for the Subscriptions can be found under Your Account page and may be subject to change in the future.
Continuous Subscriptions. WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) MEAL PREP FIT (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A WEEKLY BASIS FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR MEAL SUBSCRIPTION CONTINUES, (B) THE AMOUNT YOU ARE CHARGED AND THE NUMBER OF PRODUCTS YOU RECEIVE EACH WEEK MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND (C) YOUR MEAL SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU MAY SKIP YOUR WEEKLY MEAL ORDER AS OFTEN AS YOU'D LIKE BY MANAGING YOUR DELIVERY SCHEDULE LOCATED UNDER YOUR MY ACCOUNT PAGE.
Cancellation Policy. YOU MAY CANCEL YOUR MEAL SUBSCRIPTION AT ANY TIME BY LOGGING IN TO YOUR ACCOUNT, NAVIGATING TO YOUR MEAL PLAN PAGE AND CLICKING THE “PAUSE DELIVERIES” LINK. ANY MEAL ORDER THAT HAVE BEEN PROCESSED, AS REFLECTED ON YOUR COMING UP PAGE CANNOT BE CANCELLED AND YOU WILL NOT RECEIVE A REFUND OF FEES ALREADY PAID. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY MEAL ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.
In the event you cancel your Subscription, please note that we may still send you promotional communications about MPF, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
MEAL SATISFACTION AND REFUNDS
We want you to love your meals yet understand that complaints can arise. If you are not satisfied with your meal(s) please contact our customer service team within 2 days of the meal(s) delivery by phone at (503) 683-2459 or at firstname.lastname@example.org and we guarantee that we will respond within 24 hours. We take pride in listening to what you expect out of the Service.
INSULATED BAG DEPOSITS AND DELIVERIES
If you are available to receive the hand-off at the time of the delivery we will not charge a bag deposit. If you were unavailable at the time of the delivery, we will leave your meals in an insulated bag coated with ice packs. A deposit of $10 per large thermal bag and $8 per small thermal bag will be charged on the same debit/credit card used to place the order at 11:59 pm the day of the delivery. If you need extra time for the bag deposit to be placed give us a call or shoot us an email as soon as possible and we will do our best to accomodate the situation. Please return the bags and ice packs in good and reusable condition to us within 21 days of the delivery to receive your full deposit back.
We will always strive to show up on-time with your meals, however, we are unable to guarantee that your order will arrive within your selected time-frame given due to events beyond our control that may interfere with your delivery. In the case of late deliveries, you agree to accept the order and release us from all liability for any loss, damage, or inconvenience that you may encounter as a result of a late delivery. Please provide us with accurate shipping information and any special instructions for the delivery driver. Since you define when you would like your delivery, you must quickly refrigerated your food at 41 degrees Fairhenheit or below as soon as you receive your delivery. If we are unable to physically hand off your package(s) to you and the delivery is within your selected hour time-frame, we will leave your packages near your front door. MPF is not responsible for stolen packages caused by missed delivery hand offs. We guarantee our unopened packages will remain chilled to safe temperatures for up to one hour after delivery, after which the food may begin to spoil. All food from missed delivery hand offs should be discarded if left out for more than an hour and is not generally refundable with exceptions made by MPF's discretion. If you are unhappy with your delivery service, we encourage you to contact us at email@example.com and, perhaps, let us know how we can improve.
MEAL PLANNER DISCLAIMER
MPF provides extensive calorie and macro-nutrient tracking along with health information for convenient but approximate informational purposes. Please be aware that cooking is not a perfect science, so stated calorie counts can sometimes be inaccurate. Wherever applicable, we cite the sources being used in our nutritional suggestions. MPF's nutritional suggestions are not directly approved by a medical or dietary professional. When such nutritional suggestions are made, they are the result of computer software that is citing publicly available research paper(s). Such sources can be viewed by clicking blue information buttons "i" where suggestions are made. While we test our software thoroughly, errors in MPF's software may occur, making your suggestions inaccurate. Please do not depend on information from our tools if you have special dietary or medical needs that require accurate nutritional tracking, as we cannot guarantee error-free software or cooking processes. If you think your suggestions are inaccurate, you're encouraged to Contact Us so we can take care of it as soon as possible! We're passionate about helping people easily plan balanced meals and any feedback that could improve your experience is welcome!
CALORIE TRACKING FOR WEIGHT LOSS AND HEALTH CLAIMS
Results of weight loss and health are not guaranteed and are earned on an individual to individual basis. By using our service, you acknowledge that MPF does not make any explicit or implicit, claims or guarantees for any specific results. However, failure to lose weight or meet your desired results will not be eligible for a refund or will be grounds to seek any damages against Meal Prep Fit, LLC.
MPF does not imply, suggest or represent that any of our Services have been approved for any individual use by any doctor, medical staff, supervisors, or staff members. If you have any medical conditions and/or allergies, please seek the approval and advise from a physician prior to using our Service.
NUTRITION FACTS AND INFORMATION
The nutrition facts, information, and ingredients for every meal can be found through the "Full Details" link on the menu. Due to certain limitating features of our software (and we are working to improve this limitation) there is a certain method to review the full details for certain proteins and side dish options and this can be done by searching for the items in the search bar within our site. If you are unable to find the information and need to know the nutrition facts and ingredients for certain items, shoot us an email and we will send the full details to you.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
MPF may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of MPF and MPF is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MPF is not responsible for any loss or damage that may arise from your use of Linked Sites. MPF is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MPF of the site or any association with its operators.
Certain services made available via https://mealprepfit.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://mealprepfit.com domain, you hereby acknowledge and consent that MPF may share such information and data with any third party with whom MPF has a contractual relationship to provide the requested product, service or functionality on behalf of MPF users and customers.
COPYRIGHT PROTECTION AND INTELLECTUAL PROPERTY
All content of the Site and the Service, including but not limited to all textual information, graphics, logos, video and audio, images, as well as the compilation thereof, and any software used on the Site, is the property of MPF or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MPF content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MPF and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MPF or our licensors except as expressly authorized by these Terms. If you breach this condition and/or are in violation of copyright, trademark and other laws, we have the right to cease your use of the Site immediately and you agree to return or destroy original content and any copies of the materials made. You agree that no right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by MPF.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Do not post anything that contains the following: advertisements, solicitations of business, viruses, spam, telephone numbers, physical addresses, last names, URLS to other websites, programming code, unlawful material, defamatory, threatening, abusive, hateful or any photos containing nudity, sexually explicit, obscene, lewd, violent, or anything that can be offensive.
If you will like to report a posting that has offended you, please contact us at firstname.lastname@example.org. MPF assumes no liability for any offensive or unacceptable actions and content made by any user or third party. We have the right to fully cooperate at the request of any law enforcement agency or court to disclose information of posts on our Site made by anyone.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
MPF has no obligation to monitor the Communication Services. However, MPF reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MPF reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
MPF reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MPF's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MPF does not control or endorse the content, messages or information found in any Communication Service and, therefore, MPF specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MPF spokespersons, and their views do not necessarily reflect those of MPF. If you believe that you or someone else is threatened, please contact your local law enforcement agency immediately.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to https://mealprepfit.com or posted on any MPF web page
MPF does not claim ownership of the materials you provide to https://mealprepfit.com (including feedback and suggestions) or post, upload, input or submit to any MPF Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MPF, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. MPF is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MPF's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THIRD PARTY ACCOUNTS
You will be able to connect your MPF account to third party accounts. By connecting your MPF account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
You agree to indemnify, defend and hold harmless MPF, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of, violation of, or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MPF reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MPF in asserting any available defenses.
MPF reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington and you hereby consent to the exclusive jurisdiction and venue of courts in Washington in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MPF as a result of this agreement or use of the Site. MPF's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MPF's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MPF with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MPF with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MPF with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MEAL PREP FIT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MEAL PREP FIT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MEAL PREP FIT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MPF welcomes your questions or comments regarding the Terms. You may give notice to us via e-mail or by letter to the following address: Meal Prep Fit, LLC, 810 Main St. Vancouver, WA 98660
Email Address: email@example.com
Telephone number: (503) 683-2459
Effective and updated as of November 11, 2017