Last Updated: August 3, 2019
Welcome to CDL Meals powered by Fresh n’ Lean!
Please read this Agreement carefully. Your use of our Site and Service is conditioned on your acceptance of and compliance with this Agreement. This Agreement applies to all visitors, users and others who access or use Fresh n’ Lean’s Site and Service. The disclaimers, terms, and conditions in this Agreement are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms, and conditions of specific application that we disclose. We may modify this Agreement from time to time at our sole discretion. We will make the revised version available on our Site. Your continued access to or use of our Site and Service after any posted modification to this Agreement indicates your acceptance of the modifications. If you do not agree, stop using our Site and Service.
IMPORTANT NOTICE: YOUR USE OF OUR SITE AND SERVICE IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 10 OF THIS AGREEMENT, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION AND WAIVING ALL CLASS ACTION SUITS. PLEASE CAREFULLY REVIEW SECTION 10 OF THIS AGREEMENT FOR MORE INFORMATION.
1. ACCESS TO OUR SITE
1.1 Grant of Limited License. On the condition you comply with your obligations under this Agreement, and subject to additional terms of any third-party licenses applicable to third-party software included in our Site, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use our Site solely in connection with your personal, individual use. We reserve all rights not otherwise expressly granted by this Agreement. If you do not comply with this Agreement, we reserve the right to revoke any license granted in this Agreement and limit your access to our Site. Any use of our Site that exceeds the rights expressly granted in this Agreement is strictly prohibited and constitutes a violation of this Agreement, which may result in the suspension or termination of your right to access and use our Site.
1.2 Modification. We may discontinue or alter any aspect of our Site, restrict the time our Site is available, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. We may also install bug fixes, updates, patches, and other upgrades to our Site without prior notice or liability to you. Your only remedy is to discontinue using our Site if you do not want a modification we make to our Site.
1.3 Removal of Access. Your access to our Site is provided on a temporary basis with no guarantee of future availability. You agree that we may immediately suspend or terminate your access to our Site or any part thereof. Cause for such measures include, without limitation: (1) breach or violation of this Agreement or other incorporated agreements or guidelines; (2) discontinuance or material modification to our Site; (3) unexpected technical or security issues or problems; or (4) your engagement in fraudulent or illegal activities. You further agree that such measures may be taken in our sole discretion and without liability to you or any third party.
1.4 Defects and Availability. We use commercially reasonable efforts to maintain our Site, but we are not responsible for any defects or failures associated with our Site, any part thereof, or any damages (direct or indirect) that may result from any such defects or failures. Our Site may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs which we may undertake from time-to-time; or (3) causes beyond our reasonable control or which we could not reasonably foresee. You understand that our Site is provided over the Internet and hosted by a third party provider, so the quality and availability of our Site may be affected by factors outside of our control. Our Site is not intended to be available 100% of the time and we do not make any guarantees regarding the reliability or availability of our Site. We will not be liable to you or any third party for damages or losses related to our Site being unavailable.
1.5 Restrictions. You may not: (1) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of our Site in any way; (2) copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which our Site is based; (3) use our Site or Fresh n’ Lean Content to develop a competing Site or product; (4) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of our Site, servers, or networks connected to our Site or take any other action that interferes with any other person’s use of our Site; (5) decrypt, transfer, create Internet links to our Site, or “frame” or “mirror” our Site on any other server or wireless or Internet-based device; (6) use or merge our Site or any component thereof with other software, databases, or Sites not provided or approved by us; (7) circumvent or attempt to circumvent any electronic protection measures in place to regulate or control access to our Site; (8) use our Site for any fraudulent or otherwise unlawful purposes or in violation of this Agreement; (9) develop, distribute, or sell any software or other functionality capable of launching, being launched from, or otherwise integrated with our Site; (10) use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on our Site for any reason; (11) access or attempt to access any other user’s account; (12) use any Fresh n’ Lean Content made available through our Site in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party; (13) introduce into our Site any virus, rogue program, Trojan horse, worm or other malicious or intentionally destructive code, software routines, or equipment components designed to permit unauthorized access to or disable, erase, or otherwise harm our Site, or perform any such actions; (14) introduce into our Site any back door, time bomb, drop dead device, or other software routine designed to disable a computer program automatically with the passage of time or under the positive control of an unauthorized person; (15) delete, modify, hack, or attempt to change or alter our Site, Fresh n’ Lean Content, notices on our Site; (16) connect to or access any Fresh n’ Lean computer system or network other than our Site; (17) impersonate any other person or entity to use or gain access to our Site; or (18) conduct or otherwise participate in any distributed denial-of-service attack or similar malicious attack intended or designed to artificially delay, disrupt or otherwise adversely affect our Site or any other user’s access to or use of our Site. We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.
1.6 Mobile Terms. Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using our Site on your mobile, handheld device. You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using our Site, for data downloading, e-mail, roaming, and other Mobile Provider or third party charges. YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES. As applicable to your device, you agree to be bound by the then-current Apple Media Service Terms and Conditions (located at: https://www.apple.com/ca/legal/internet-services/itunes/ca/terms.html), or Google Play Terms of Service (located at: https://play.google.com/about/play-terms/index.html). You acknowledge and agree that neither Apple, nor Google have any obligation whatsoever to furnish any maintenance and support services with respect to our Site, and that in the event of a conflict between their terms and this Agreement, their terms will prevail. You may provide us with a telephone number. We may send you text messages if you consent to receive them. All calls to and from Fresh n’ Lean may be recorded. We may send you promotional text messages. You can opt out by texting STOP in response. Message and data rates may apply.
1.7 Account Registration. Access to certain parts of our Site requires you to be registered with us via a Fresh n’ Lean-generated registration form. This form will require you to provide certain requested information about yourself. Once Fresh n’ Lean receives such information, you will be provided with an account and login information, including a username and password, to successfully complete the registration process. As the account owner, you are the only person authorized to access and use your account. As a part of the account verification process, Fresh n’ Lean may require you to provide additional identification information. FRESH N’ LEAN SHALL NOT, UNDER ANY CIRCUMSTANCE, BE LIABLE FOR ANY DIRECT OR INDIRECT CLAIMS, DAMAGES, OR ACTIONS ARISING FROM, OR RELATED TO, YOUR ACCOUNT. FRESH N’ LEAN PROVIDES NO GUARANTEES OR WARRANTIES REGARDING THE ACTIONS OF ANY USER. YOU HEREBY RELEASE FRESH N’ LEAN FROM THE ACTIONS OF ANY USER OPERATING UNDER YOUR ACCOUNT AND ANY FAILURE ON THE PART OF SUCH USER TO PROTECT THE CONFIDENTIALITY, INTEGRITY, OR SECURITY OF YOUR USER CONTENT.
1.8 Unauthorized Use and Information Changes. You must immediately notify us if your registration information changes or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You also agree that you will provide truthful and accurate information during the registration process. We may refuse to grant you a particular username for any reason, including, without limitation, if we have reason to believe that such username impersonates someone else, is protected by trademark or other proprietary rights, or is vulgar or otherwise offensive.
1.9 Storing Credentials. Our Site may allow you to store your login credentials in your web browser so that you can be automatically logged in each time you access our Site. If someone else has access to your computer or web browser, the automatic login feature will allow that person to have access to your account. You are responsible for any damages to Fresh n’ Lean or our Site resulting from unauthorized access to our Site from your account and we will have no liability to you or any third party for damages or loss related to such unauthorized access or use.
2. CONTENT ON OUR SITE
2.1 Fresh n’ Lean Content. Our Site may include or provide access to information, software, photos, videos, text, graphics, music, sounds, and other material or information provided by us or third parties (collectively, the “Fresh n’ Lean Content”) that are protected by copyrights, trademark, or other intellectual property laws. You understand and agree that these rights in any Fresh n’ Lean Content are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on the Fresh n’ Lean Content. We cannot and do not assume any responsibility for your use or misuse of Fresh n’ Lean Content, or any other information transmitted, monitored, stored, or received while using our Site. We reserve the right to amend or delete any Fresh n’ Lean Content (along with the right to terminate or restrict use of or access to our Site) in our sole discretion.
2.3 User Content Limited License. By submitting User Content to our Site yourself or through a third party, you grant Fresh n’ Lean a limited, nonexclusive, transferable (in the case of an assignment or a change of control), royalty-free right and license to securely copy, retain, display, delete, upload, download, and archive User Content for the limited purpose of providing our Site to you. Fresh n’ Lean, as the Site operator, reserves the right to remove User Content at any time and for any reason without notification to you. YOU AGREE THAT YOU WILL EVALUATE AND BEAR ALL RISK RELATED TO THE USE OF, OR ANY ACTIVITIES ASSOCIATED WITH, USER CONTENT THAT YOU PROVIDE THROUGH OUR SITE. THE RESULTS OF ANY ACTIONS YOU TAKE BASED ON USER CONTENT OR OTHER CONTENT YOU FIND ON OUR SITE ARE SOLELY YOUR RESPONSIBILITY. UNDER NO CIRCUMSTANCES WILL FRESH N’ LEAN BE LIABLE IN ANY WAY FOR USER CONTENT SUBMITTED, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, THE TRANSMISSION OF ANY USER CONTENT THROUGH OUR SITE.
2.4 User Content Restrictions. You may not upload, post, or transmit any User Content that: (1) would violate or infringe the proprietary, privacy, publicity, or intellectual property rights of Fresh n’ Lean or any third party; (2) is obscene, defamatory, threatening, harassing, abusive, libelous, hateful, or harmful to any other person or entity; (3) violates any applicable law, statute, ordinance, or regulation; (4) puts in jeopardy the security of your account, Fresh n’ Lean or our Site; or (5) promotes or displays any of the following content: (a) pornography; (b) violence; (c) racial intolerance or advocacy against any individual, group, or organization; (d) profanity; (e) hacking or cracking; (f) illicit drugs and drug paraphernalia; (g) sale of alcohol, tobacco, or tobacco-related products; or (h) the sale of weapons or ammunition.
2.5 Feedback. We welcome your comments, feedback, information, or materials regarding our Site or any of our other products or services (collectively, “Feedback”). Your Feedback will become our property upon your submission to us. By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use, copy, distribute, publish and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.
3. OUR SERVICE
3.1 Availability. Our Service is intended for use by individuals in the United States of America (“Serviced Countries”). At this time, we do not accept orders from individuals outside the Serviced Countries. As such, by placing an order through our Service, you warrant that you: (1) are legally capable of entering into this Agreement; (2) are at least 18 years old; (3) are a resident of a Serviced Country; and (4) are accessing the Service from a Serviced Country.
3.2 Fresh n’ Lean’s Subscription Service. Our Service requires you to sign up for a subscription service, which is an automatic, recurring weekly subscription to Fresh n’ Lean products (“Subscription Service”). As part of the Subscription Service, we offer a number of subscription options that you may choose from (each, a “Plan”). Each week you will receive a package from Fresh n’ Lean (your “Meal Box”), including the contents of your chosen Plan (a specific number and type of “Meal Kits”). You can find specific details regarding your Plan and the Fresh n’ Lean Service by accessing your account details via the Site. As a Plan subscriber, you may modify, pause, or cancel your deliveries any given week. In addition, you may set up bi-weekly deliveries, request modifications ahead of time, and receive shipments in business offices or hotels. Fresh n’ Lean may change the price of a Plan, introduce new Plans, or remove Plans from time to time, and will use commercially reasonable efforts to communicate any price or Plan changes to you in advance by email within seven (7) or more days’ notice. Price and Plan changes will take effect as of the next billing period following the date on which Fresh n’ Lean provided notice to you of the price or Plan change. By continuing to use the Fresh n’ Lean Service after the effective date of a price or Plan change, you indicate your acceptance of such price or Plan change. If you do not agree with a price or Plan change, you have the right to reject the change by canceling your Subscription Service prior to the effective date of the price or Plan change. Please make sure that you read any notifications of price or Plan changes carefully.
3.3 Ingredients. Given the perishable nature of many of our ingredients, and market conditions and product supply beyond our control, we reserve the right to adjust the quantity of any ingredients in a Meal Kit, to discontinue the use of any ingredient or product, or to substitute any ingredients or entire Meal Kits, all without notice. While we make every effort to ensure that you are provided with the very best ingredients for our Meal Kits, these switches may occasionally be required. If such a substitution is required, we will make reasonable efforts to notify you prior to shipment. If you have any issues with any substitution, or either an ingredient or a Meal Kit, please contact us at [email protected] or call (888) 420-4080. Additionally, please note that, on occasion, Fresh n’ Lean will include products from our partners in our Meal Boxes which may contain some or all of the eight (8) major allergens (in addition to other ingredients). Please refer to Section 8.3 to review our allergen policy. Additionally, if you have any questions or concerns about any additional products or materials in your Meal Box, please contact Customer Care at [email protected]shnlean.com or call (888) 420-4080.
3.4 ‘A la Carte’ Orders. ‘A la Carte’ orders are one-time standalone orders. This feature allows you to order the meals you choose from our current selection in any combination you want. All of our meals are made fresh every week, and ‘A la Carte’ orders are subject to availability.
3.5 Gift Cards. From time-to-time, we may offer you the ability to purchase and/or otherwise receive gift cards through the Site. You must create or have an existing and valid account with Fresh n’ Lean in order to redeem a gift card. All accounts are subject to this Agreement in all respects. Fresh n’ Lean gift cards may be redeemed on the Site. Redemption of gift cards will result in the application of a credit to your account in the amount of the gift card balance. Any gift card balance will be applied toward your purchase of Fresh n’ Lean Meal Boxes until the gift card is depleted. Gift cards are not redeemable for cash or credit, except to the extent required by applicable law. Fresh n’ Lean is not responsible for lost or stolen gift cards. Lost or stolen gift cards cannot be replaced (except as required by law). All sales of gift cards are final and nonrefundable.
3.6 Promotions. When subscribing to a weekly Plan or purchasing ‘A la Carte’ meals using a promo code, you are responsible for reading the terms and conditions of the promotion as advertised by Fresh n’ Lean. If the terms and conditions of the promotion are not clear to you, you may contact Fresh n’ Lean to seek clarification about the terms and conditions associated with the promotion you sign up for. Fresh n’ Lean promotions are advertised with simple terms and conditions, however, promo codes are often shared on blogs, message boards, and third party sites without permission and/or any explanation of the promotion. For example, the promo code ‘Save50’ is a promotion advertised as 50% off week one (1) of a four (4) week Plan program. Customers must complete all 4 four weeks for the discount to apply, or they will be responsible for the full price of week one (1). Canceling a Plan will result in the loss/forfeiture of ongoing promotional gift and discounts granted at the time of sign-up for the said Plan. Customers may pause deliveries for up to three (3) consecutive weeks and retain discounts/promotional offers; however, pauses beyond three (3) consecutive weeks constitute a Plan cancellation.
3.7 Vouchers. Fresh n’ Lean may offer discount promotions, free/discounted trials, or other types of vouchers (“Vouchers”). In order to utilize the offer on the Voucher, users need to create an account through the Site and input their information and the code found on the Voucher (“Voucher Code”) to redeem. If you purchase any Voucher, Voucher is deemed to have been sold at the time of payment for it. The discount found on the Voucher only lasts for the time specified on the Voucher. Similarly, a Voucher may only be used once and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in data retrieval systems without our prior written approval. Fresh n’ Lean reserves the right to withdraw or deactivate any Voucher (other than one which has been purchased) for any reason, at any time. Vouchers may only be redeemed through our Site, and not through any other website or method of communication. To use your Voucher, you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to this Agreement and any special conditions attached to the Voucher. Please note, pursuant to this Agreement, at the expiration of the Voucher, you will be billed the standard rate for your Meal Box on a recurring, weekly basis, unless you cancel your Plan prior to the end of the Voucher period with proper, advance notice to Fresh n’ Lean in accordance with this Agreement. You may cancel your Fresh n’ Lean Plan up to five (5) days before your first scheduled delivery that does not include the pricing found on the Voucher, pursuant to our Plan modification policies found in Section 6.
3.8 Nutrition Information. Nutrition information for our Service is presented on our Site and other places to the best of our current knowledge and latest testing. The nutritional information for meals in our Plans at the time of their preparation is reflected on the labels on our Meal Kits. We cannot guarantee the accuracy of any nutritional information. As such, we cannot be responsible for any loss or damage resulting from your reliance on nutritional information. Always check the ingredients associated with any products that you receive from Fresh n’ Lean to avoid adverse reactions. Promptly contact your health care provider if you have any concerns.
3.9 Recipes. Fresh n’ Lean Content on our Site or elsewhere may contain recipes, recommendations, advice (collectively, the “Advice”). Ask your physician or healthcare professional before adopting any Advice. Always check the ingredients associated with any Advice to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction, contact your health care provider immediately.
4. SHIPPING, DELIVERY, AND RETURNS
4.1 Fresh n’ Lean Delivery Week. Fresh n’ Lean’s “Delivery Week” begins on Saturday and runs through the following Friday. The start of our Delivery Week means that new Meal Kits are available to be delivered in your Meal Box. Once your Meal Box order is processed, your Meal Box will be shipped via FedEx or GSO/ GLS and a tracking number will be automatically send to the email you provide at the time of your order. Fresh n’ Lean uses FedEx delivery services nationwide and GSO/GLS within California, Nevada, Arizona, Oregon, Washington, and Idaho. This is subject to change. You are responsible for providing Fresh n’ Lean with full and accurate information regarding how your items should be delivered.
4.2 Delivery. All orders are delivered on a ‘shipper release’ basis with no signature required unless the customer makes a specific request for a ‘signature required’ delivery. Plan orders (weekly subscription delivery) will be scheduled for Friday deliveries (with approximately 48 hours of transit time), and ‘A la Carte’ orders (one-time delivery) will be scheduled for delivery within 3-5 business days after you place the order. Delivery schedules can be altered upon specific request to Fresh n’ Lean Customer Service. In the event of an order processing/or shipping delay, orders may be delivered on Saturday with a delivery notification from Fresh n’ Lean. If a meal plan package is misplaced or delayed, and the transit time allowed by Fresh n’ lean, arrangements can be made for a replacement package to be shipped. Modification to my delivery schedule may result in additional shipping charges.
4.3 Additional Delivery Terms. In the case of weather which inhibits the ability to make safe deliveries, or other events beyond our control that interfere with our ability to deliver your Meal Box, we will attempt to deliver your Meal Box as soon as reasonably possible. In some cases, delivery may occur on a date other than your scheduled delivery day. If the delivery of your Meal Box is not feasible, we will cancel your delivery for the period so affected and issue you a credit, as determined in our sole discretion or refund of a part or the whole of the purchase price for that Meal Box. Please note that the specific days in which a Meal Box can be delivered varies by geographic region, and delivery on each day will not be available in all areas. If you have any questions about your area and delivery, please contact Customer Care at [email protected] or call (888) 420-4080.
4.4 No Returns. All sales are final. Any meals or products purchased through and from Fresh n’ Lean Site, over the phone, or through any of Fresh n’ Lean partners or affiliates are often perishable food items and cannot be returned to sender for a refund.
5. PAYMENT TERMS
5.1 Payment Method. To sign up for a Plan, you will be required provide a credit card or other payment method accepted by Fresh n’ Lean (“Payment Method”) for the reoccurring fee amounts associated with your Plan. By providing a Payment Method, you are expressly agreeing that we are authorized to keep such Payment Method on file and charge you the fees, charges, or other amounts described in your Plan. You represent and warrant to Fresh n’ Lean that any information you provide in connection with a Payment Method is true and that you are authorized to use the Payment Method which you provided. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in to your account and viewing your account details. When you provide a Payment Method, our system may attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If your Payment Method expires and you do not edit your Payment Method information, you authorize us, to the extent applicable to the Plan you have signed up for, to continue billing, and you will remain responsible for any uncollected amounts charged under the Plan. You shall be responsible for all taxes associated with the Plan other than U.S. taxes based on Fresh n’ Lean’s net income.
5.2 Price Adjustments. We reserve the right to adjust prices in our sole discretion, at any time and without notice to you; provided, however, that we will provide you with at least ten (10) days’ advance notice of any price changes with your specific Plan rate. Your acceptance of deliveries of the Meal Boxes after such notice has been delivered to you will constitute your acceptance of such price changes, unless you cancel your Plan in accordance with this Agreement. All prices shown on the Site are in U.S. dollars. Prices, taxes or other fees may vary geographically. The shipment of a Meal Box to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription in accordance with our Plan modification policies, found in Section 6.
5.3 Auto-Renewal Feature. THE SUBSCRIPTION SERVICE CONSISTS OF AN INITIAL CHARGE FOLLOWED BY RECURRING PERIODIC CHARGES AS AGREED TO BY YOU. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO DEACTIVATION. FRESH N’ LEAN MAY SUBMIT PERIODIC CHARGES (E.G., WEEKLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE ADVANCE NOTICE (IN COMPLIANCE WITH THE PLAN MODIFICATION POLICIES IN SECTION 6) THAT YOU WISH TO TERMINATE THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE FRESH N’ LEAN REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, LOG ON TO YOUR FRESH N’ LEAN ACCOUNT, EMAIL [email protected] OR CALL (888) 420-4080. IF YOUR PAYMENT DETAILS CHANGE, YOUR CARD PROVIDER MAY PROVIDE US WITH THE UPDATED PAYMENT DETAILS. WE RESERVE THE RIGHT TO USE THESE UPDATED DETAILS FOR FUTURE CHARGES IN ORDER TO HELP PREVENT ANY INTERRUPTION TO THE DELIVERY OF SERVICE.
5.4 Recurring Payments. BY SIGNING UP FOR OUR SUBSCRIPTION SERVICE, YOU ARE AGREEING TO RECURRING PERIODIC PAYMENTS FOR AN INDEFINITE TIME UNTIL DEACTIVATED BY YOU OR US, ON THE SUBSCRIPTION TERMS SET OUT IN THE APPLICATION FORM YOU HAVE COMPLETED, SUBJECT TO VARIATION IN ACCORDANCE WITH THIS SECTION. YOU CAN DEACTIVATE YOUR SUBSCRIPTION AT ANY TIME, PROVIDED THAT YOU DO SO WITHIN THE APPLICABLE DEACTIVATION NOTICE PERIOD, AS DEFINED IN SECTION 6. YOU WILL NOT BE CHARGED FOR ANY DEACTIVATION. YOU CAN RE-SUBSCRIBE AT ANY TIME FOLLOWING YOUR DEACTIVATION, BUT WE RESERVE THE RIGHT NOT TO PERMIT RE-SUBSCRIPTION WHERE WE HAVE PREVIOUSLY ELECTED TO TERMINATE A SUBSCRIPTION BY YOU.
5.5 Extension at Non-Promotional Rate. FOLLOWING YOUR INITIAL SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME LENGTH, AT THE THEN-CURRENT, NON-PROMOTIONAL SUBSCRIPTION RATE. YOU CAN LOG ON TO YOUR ACCOUNT TO DEACTIVATE YOUR SUBSCRIPTION OR EMAIL [email protected] AND WE WILL DO IT FOR YOU. FULL DETAILS FOR PLAN MODIFICATION ARE IN SECTION 6 OF THIS AGREEMENT. IF YOU DEACTIVATE, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM; YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD.
6. PLAN MODIFICATIONS
6.1 Modifying Your Order. Plans are made to order every week. All cancellations and modifications of the current week’s delivery must be made by: Monday 12:00 pm (PST). All modifications received after this deadline will not be reflected in that week’s delivery, but will take effect the following week. To modify or pause order, please call us at (888) 420-4080. You will not be charged for any week in which your order is paused. Please note that this action cannot be taken for any scheduled order which has already “Locked,” pursuant to Section 6.3. Additionally, pausing an order shall only apply to the week in which you pause, and automatic deliveries will commence the following week, unless you choose to pause the following week, subject to the details, above. TO ENSURE QUALITY OF SERVICE, MODIFICATIONS AND CANCELLATIONS MUST BE MADE BY PHONE. WE WILL NOT ACCEPT ORDER MODIFICATIONS OE CANCELLATIONS BY EMAIL OR VOICE MAIL MESSAGES.
6.2 Customizations. You may request customizations to your Meal Kits beyond the options provided on orders.freshnlean.com (shopping cart), though not all customization requests can be accommodated. Fresh n’ Lean can accommodate requests to omit up to three (3) ingredients (with some restrictions) of my choosing, however, you understand that requesting any modification to your Meal Kits can result in duplicate meals with every delivery and that your Meal Kits may no longer reflect the exact ingredients displayed on the Fresh n’ Lean menu. You further understand that certain ingredients cannot be excluded from your Meal Kits. Ingredients such as onion, garlic, and carrot cannot be omitted from your Meal Kits, and you understand refunds will not be issued for the reason of an incorrect/inaccurate delivery if you request to remove any of the aforementioned ingredients from your Meal Kits. Fresh n’ Lean reserves the right to change the list of ingredients which cannot be omitted from Meal Kits at any time without prior notice.
6.3 Deactivate. Following your Plan selection and placement and receipt of your first weekly order, you may cancel or modify a Subscription Service to a Plan at any time online by calling our customer service line (888) 420-4080, Monday through Friday between the hours of 8am and 5pm PST, or by emailing us at [email protected] Subscription charges are typically processed 5 or 6 days before your expected delivery, but can vary depending on shipping length and other factors. To avoid the possibility of being charged for placed orders that you no longer wish to receive in the event of a Plan cancellation, you must cancel your Plan/ any future orders (orders not already charged, fulfilled, shipped, or delivered) by Friday 12:00 noon PST. If you cancel a Subscription Service to a Plan before receiving your first order, your first order may or may not be canceled and related amounts paid may or may not be refunded to you, depending on factors including the status of your meals in our production process, and any promotions applied. You will be notified at the time of cancel if any of your charged orders will be canceled and refunded, to confirm, email us at [email protected]
7. USER REPRESENTATIONS
7.2 Feedback. In the event you provide any Feedback via our Site, you hereby make the following additional representations and warranties to us: (1) you are owner of such Feedback or otherwise have the right to grant us the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to provide the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate.
8. DISCLAIMER OF WARRANTIES
8.1 Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SITE AND SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT OUR SITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION OR CONTENT FOUND ON OUR SITE WILL BE ACCURATE OR RELIABLE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF OUR SITE OR SERVICE WILL BE CORRECTED, THAT OUR SITE OR SERVICE AND ANY CONTENT OR INFORMATION FOUND ON OUR SITE OR SERVICE WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH OUR SITE OR SERVICE WILL MEET YOUR EXPECTATIONS. ANY CONTENT OR OTHER MATERIALS UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE OR SERVICE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO INFORMATION, OBTAINED BY YOU THROUGH OUR SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8.2 Specifications Related to Warranties. WE ATTEMPT TO DISPLAY THE PRODUCTS YOU WILL RECEIVE IN YOUR MEAL KITS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THIS AGREEMENT, TO CORRECT SUCH ERRORS AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR MEAL BOX MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
8.3 Allergen Information. PLEASE NOTE THAT THE EIGHT MAJOR ALLERGENS, AS DETERMINED BY THE US FOOD AND DRUG ADMINISTRATION, WHICH ARE WHEAT, EGG, SOY, MILK, TREENUTS, PEANUTS, FISH, AND SHELLFISH, ARE STORED, PORTIONED, AND PACKAGED IN FRESH N’ LEAN’S AND OUR SUPPLIER’S FACILITIES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE THESE PRODUCTS, AND WHILE FRESH N’ LEAN TAKES PRECAUTIONS TO LIMIT ANY CROSS-CONTAMINATION, CROSS-CONTAMINATION MAY OCCUR BETWEEN FOOD PRODUCTS, AND THUS, THE RESPECTIVE MEAL KITS, OR THE MEAL BOX, MAY CONTAIN SOME OR ALL OF THE ALLERGENS LISTED. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FRESH N’ LEAN DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE OR APP IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT FRESH N’ LEAN IN ORDER TO PROVIDE INFORMATION TO CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.
9. INDEMNITY; LIMITATION OF LIABILITY
9.1 Indemnity. You agree to defend, indemnify, and hold harmless Fresh n’ Lean, our officers, employees, suppliers, contractors, and agents from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with: (a) your use of our Site and Service, (b) your violation of this Agreement, (c) any User Content you provide through our Site, (d) your violation of any law or the rights of any third party, and (e) your negligence or willful misconduct.
9.2 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL FRESH N’ LEAN BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR SITE OR SERVICE. IF YOU ARE DISSATISFIED WITH OUR SITE OR SERVICE, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITE OR SERVICE. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT FOR THE USE OF ANY OR ALL PARTS OF OUR SITE OR SERVICE IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
9.3 For California Residents. IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST FRESH N’ LEAN.
10. DISPUTE RESOLUTION AND GOVERNING LAW, JURISDICTION AND COSTS
10.1 Governing Law. This Agreement will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of California without reference to its conflicts or choice of law principles. Any arbitration or court proceeding will take place in San Francisco, California and you hereby consent to the exclusive jurisdiction and venue of the state or federal courts in San Francisco County, California. You irrevocably submit and consent to the personal jurisdiction of such courts.
10.2 Dispute Resolution. To the extent feasible, the parties desire to resolve any dispute, claim or controversy arising out of or relating to your use of or access to our Site or Service, or Fresh n’ Lean Materials (defined below in Section 11.1), this Agreement, or the breach, termination, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this agreement to arbitration (a “Dispute”) through discussions and negotiations between each other. The parties agree to attempt to resolve any Disputes by negotiation with the other party (by phone, electronic correspondence, or written correspondence). If we are not able to resolve any Dispute ourselves, you and Fresh n’ Lean agree to resolve such Dispute through confidential binding arbitration as set forth below.
10.3 Binding Arbitration. If you and Fresh n’ Lean are unable to resolve a Dispute through informal negotiations, either you or Fresh n’ Lean may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”) both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement you and Fresh n’ Lean may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
10.4 Waiver of Rights. You hereby agree that you understand the consequences of agreeing to binding arbitration under this Section, including giving up any constitutional rights to have the Dispute determined by a court of law or by a jury under applicable law. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE PROVIDER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER PROVIDER OR USER.
11.1 Ownership of Intellectual Property. Unless otherwise specifically noted in this Agreement, images, trademarks, service marks, logos and icons displayed on our Site, are the property of Fresh n’ Lean and/or its licensors and may not be used without our prior written consent. Our Site, including our systems, databases, information, data, documents, materials, works, Fresh n’ Lean Content, our Service, and all intellectual property rights in and to the foregoing (collectively, the “Fresh n’ Lean Materials”) shall at all times remain the exclusive property of Fresh n’ Lean and its third-party licensors. You are not acquiring any rights in or to the Fresh n’ Lean Materials other than a non-exclusive right to access and use our Site and Service solely in accordance with the terms of this Agreement. Our Fresh n’ Lean Materials are our intellectual property and may not be reproduced, recreated, modified, accessed, or used in any manner or disseminated or distributed to any other party in violation of this Agreement. Any unauthorized use of any Fresh n’ Lean Materials, whether owned by us or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. Any third-party software included in our Fresh n’ Lean Materials is licensed subject to the additional terms of the applicable third-party license. Trademarks owned by third parties are the property of those respective third parties.
11.2 Term. This Agreement is effective upon your acceptance and will continue in full force until terminated. You may terminate this Agreement at any time by immediately discontinuing all access to our Site and, if you have an active Plan, following the steps set forth in Section 6.3 to deactivate your Subscription Service. Termination or cancellation of this Agreement will not affect any right or relief to which we may be entitled at law or in equity, including specifically our right to collect outstanding fees for your Plan. We reserve the right to terminate this Agreement at any time and for any reason without prior notice to you. Further, you agree that we will not be liable to you or any third-party for any termination or suspension of your access to our Site or any part thereof.
11.3 Independent Contractors. You understand and expressly agree that you and Fresh n’ Lean are independent contractors and not agents or employees of the other party. Neither you nor Fresh n’ Lean has any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.
11.4 Consent to Do Business Electronically. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law.
11.5 DMCA. If you believe any materials accessible on this Site to infringe on your copyright, you may request removal by contacting Fresh n’ Lean. Please provide: Information about the work that you believe to be infringed; information about the material that you believe to be infringing; your name, address and contact information; and a signature or the electronic equivalent from the copyright holder or authorized representative.
11.6 Equitable Relief. You agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.
11.7 Entire Agreement. This Agreement constitutes the entire agreement between you and Fresh n’ Lean with respect to the subject matter hereof and supersedes all prior agreements, both oral and written. We may revise and update this Agreement from time to time, and will post the updated Agreement to our Site. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THIS AGREEMENT, ANY CHANGES TO THIS AGREEMENT WILL APPLY IMMEDIATELY UPON POSTING. Although we are not obligated to provide you with notice of any changes, any changes to this Agreement will not apply retroactively to events that occurred prior to such changes. Your continued use of our Site will constitute your agreement to any new provisions within this revised Agreement.
11.8 Waiver; Severability. Our failure to enforce any provision of this Agreement will not be deemed to be a waiver of our right to enforce them. If any term or provision of this Agreement will be held to be invalid, illegal, or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and such invalid, illegal, or unenforceable term or provision will be deemed not to be part of this Agreement.
11.9 Assignment. You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under this Agreement without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of this Agreement. We may assign this Agreement or delegate or subcontract our obligations under this Agreement at any time.
11.10 Survival. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
11.11 Contact Us. If you have questions about this Agreement, email us at [email protected] or call (888) 420-4080.