Terms & Conditions
These are the Terms and Conditions which govern the use of Fresh and Fit Meals, Inc. (Fresh and Fit Meals) website, media and the sale and purchase of Fresh and Fit Meal's products and services. By ordering any of our meals or using the Fresh and Fit Meals website (www.freshandfitmeals.com, you agree to be legally bound and abide by these Terms and Conditions.
1. 100% SATISFACTION GUARANTEE. If you are not happy with a meal for any reason, we will replace it with your choice of another one of our meals for free.
2. PAYMENT. Fresh and Fit Meals accepts all major credit cards; Visa, American Express, MasterCard and Discover.
3. MEALS / SUBSCRIPTION CHANGES. Changes to subscriptions or meal selections must be made by the deadline which is every Thursday at 11:59PM. To make changes to your meals or subscription please sign in to your account and click on "Change Meals" or "Change Subscription"
4. PAUSES / CANCELLATION / REFUNDS. Pauses and cancellations must be submitted before our weekly deadline which is every Thursday at 11:59PM. After our cutoff time orders enter the production schedule and are unable to be removed. Refunds will not be issued for meals in production. To pause or cancel your account please log into your account and click on "Pause" or Cancel". Refunds will not be issued for meals that have been delivered.
5. STATEMENT REGARDING FOOD ALLERGENS The eight most common food allergens are as follows: milk, eggs, peanuts and tree nuts (such as almonds, cashews, and walnuts), fish (like bass, cod, flounder), shellfish (including crab, lobster and shrimp), soy and wheat. Please be advised that some meals may contain these allergens and also contain the no-calorie sweetener, stevia. If you’re allergic to any of these items, you should know that we prepare foods in our kitchens with these ingredients, and while we make every effort not to do so, we cannot guarantee that there won’t be any cross contamination with your other meals. Food allergy reactions can range from mild to severe. If you have any food alergens we advise you to exercise extreme caution when ordering from Fresh and Fit Meals. If you have moderate to severe allergies we cannot recommend Fresh and Fit Meals for you. Fresh and Fit Meals may offer some gluten free meals but these meals are not prepared in a gluten free facility. If you have any questions regarding your food allergy, please contact our customer service department at 858-805-5949.
6. NOT MEDICAL ADVICE. The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition, or fitness plan offered through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and wellbeing.
7. DIABETES. Our meal delivery program is not intended to meet the needs of individuals living with diabetes. If you are an individual living with diabetes, you agree to participate in a meal delivery program only with the express consent of your physician. Our meals are intended for use only by healthy adult individuals. They are not intended for use by minors, pregnant women, or individuals with any type of health condition which could be adversely affected by diet.
9. PARENTAL OR GUARDIAN PERMISSION. You must be 18 years or older to purchase any product or service offered on or through the Website. We strongly recommend that minors under the age of 18 ask for their parent’s or guardian’s permission before viewing the Website, or ordering.
10.COMMUNICATIONS. When you visit Fresh and Fit Meals website or sign up for meal deliveries from Fresh and Fit Meals, and send us information for processing your order, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We may communicate with you by email or by posting notices on the 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. In addition, Fresh and Fit Meals may deliver communications (including legal notices) to you at the street address provided in your Fresh and Fit Meals membership account. Finally, Fresh and fit Meals may deliver communications to you by any means set forth in any other Fresh and Fit Meals policy or notice published on the Website.
11. RESTRICTIONS ON USE OF WEBSITE. Unless otherwise specified, Fresh and Fit Meals grants you a nonexclusive, nontransferable, limited license to access, use and display the Website and the material provided thereon for your personal, noncommercial use of ordering meal deliveries, provided that you comply fully with these Terms and Conditions. You acknowledge that this Website contains information, data, software, photographs, videos, text, typefaces, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Content or portions of Content may be copyrighted under the United States copyright laws (and, if applicable, similar foreign laws). All trademarks appearing on the Website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on the Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership or interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior express written consent. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of Fresh and Fit Meals. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fresh and Fit Meals without our express written consent. You may not use any metatags or any other hidden text utilizing Fresh and Fit Meals name or trademarks without the express written consent of Fresh and Fit Meals. Any unauthorized use terminates the permission or license granted by Fresh and Fit Meals. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the Website so long as the link does not portray Fresh and fit Meals, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Fresh and Fit Meals logo or other proprietary graphic or trademark as part of the link without our express written permission.
13. CONTACTING Fresh and Fit Meals. Please contact us by mail at Fresh and Fit Meals, Inc.,113 West G Street #108 San Diego, CA 92101 Attn: Customer Service (provide your first and last name, user name, and email address); or by phone to our Customer Service Department at 858-805-5949.
14. DISCLAIMERS AND LIMITATION OF LIABILITY. Users of our Website (individually and collectively, “User”) expressly agree that use of the Website is at User’s sole risk. Neither Fresh and Fit Meals, nor its parent, officers, directors, employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. Fresh and Fit Meals does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information. THE WEBSITE IS PROVIDED BY Fresh and Fit Meals ON AN “AS IS” AND “AS AVAILABLE” BASIS. Fresh and Fit Meals MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Fresh and Fit Meals DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL Fresh and Fit Meals OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, LOSS, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF Fresh and Fit Meals IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OTHER MATTER RELATING TO OUR WEBSITE. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE IS TO DISCONTINUE YOUR USE OF THE WEBSITE. IN NO EVENT SHALL Fresh and Fit Meals’s LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Fresh and Fit Meals, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall Fresh and Fit Meals or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, 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 the Website’s records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise and services available through the Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law. Any product, offering, content and material downloaded or otherwise obtained through the use of this website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material. Neither Fresh and Fit Meals, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials in the Website in terms of their correctness, accuracy, reliability, or otherwise. No advice or information, obtained by you from our personnel or through the Website shall create any warranty not expressly provided for in these Terms and Conditions.
15. ERRORS ON OUR SITE. We try to be as accurate as possible. However, we do not warrant that product descriptions or other Site content is accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change, and may vary from those offered in our stores. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, rarely an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.
17. LINKS TO OTHER SITES. The Website may reference or link to third-party sites throughout the World Wide Web. Fresh and Fit Meals has no control over these third-party sites or the content within them. Fresh and Fit Meals cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. Fresh and Fit Meals does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. Fresh and Fit Meals does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third-party website, you should carefully review such third party’s privacy statement and other terms and conditions of use. By using the Website to search for or link to another third-party site, you agree and understand that you may not make any claim against Fresh and Fit Meals for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site.
18. INDEMNITY. You agree to defend, indemnify, and hold Fresh and Fit Meals and Providers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions, and your further agree that any violation by you of these Terms and Conditions shall constitute a full defense in avoidance of any claim that you may make against Fresh and Fit Meals, and that no liability may attach to Fresh and Fit Meals in case of such violation by you.
19. APPLICABLE LAW. The Website is created and controlled by Fresh and Fit Meals in the State of Delaware. The laws of the State of Delaware will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Fresh and Fit Meals reserves the right to make changes to its Website and these disclaimers, terms and conditions at any time.
20. ARBITRATION AGREEMENT. Any controversy or claim arising out of or relating to this Agreement or the use of this website shall be determined exclusively by arbitration in accordance with the rules of the American Arbitration Association, by a neutral arbitrator in a location within one hundred (100) miles of User’s address where such arbitration shall be held. The decision of the arbitrator shall be final and binding. If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, the refusing party shall pay all court costs and reasonable attorney’s fees incurred in enforcing said ruling or decision of the arbitrator. The parties agree that each may bring claims against the other in arbitration only in their individual capacity, and not as a plaintiff or class member in any putative class or representative proceeding. Unless both parties 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. If this specific provision is found to be unenforceable, then it shall be severed without affecting the entirety of this provision.
21. COPYRIGHTS. Copyright © Fresh and Fit Meals, Inc. (Fresh and Fit Meals, www.freshandfitmeals.com. 2011-2016. All rights reserved. All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to Fresh and Fit Meals [or its content suppliers] and are protected by United States and international copyright law. Fresh and Fit Meals enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.