Terms and Conditions of Use of Website and Fitlife Delivery Account
1. BINDING AGREEMENT
Thank you for visiting the Website of Fitlife Foods (“Fitlife” or “We”). Fitlife provides the information and services on its World Wide Web site(s) (the “Site”) under the following terms and conditions (“Terms”). Please read these terms carefully before using this Site. By accessing and/or using the Site, you acknowledge, accept, and agree to be legally bound and abide by these Terms, just as if you and Fitlife had signed an agreement containing these Terms. If you do not agree, please exit this Site immediately. Your remedy for dissatisfaction with the Site, or any products, services, content or other information available on or through this Site is to stop using the Site and/or those particular products or services. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time. You acknowledge and agree that you are responsible for checking the Terms periodically for changes. By using the Site after We post any changes to these Terms, you agree to accept those changes, whether or not you have reviewed them. Fitlife reserves the right to terminate or alter the Terms and to modify or discontinue the Site, including any features herein, at any time with or without notice to you. We shall not be liable to you or any third party should Fitlife exercise such right. You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that Fitlife has no control over third party networks that you may access in the course of using this Site, and therefore, delays and disruption of other network transmissions are completely beyond Fitlife’s control. You understand and agree that the services available on this Site are provided “AS IS” and that Fitlife assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings. By agreeing to these Terms you also consent, agree and understand that you may receive our emails and special offers. If at any time you no longer wish to receive emails from Fitlife, you may cancel your consent and opt out at any time by emailing us at firstname.lastname@example.org.
As used in these Terms, references to Fitlife’s “Affiliates” includes Fitlife’s owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.
2. LAWS AND REGULATIONS
Your use of the Site is subject to all applicable laws, rules, and regulations, and you are solely responsible for the contents of your communications through the Site. By using any communications service or other interactive service that may be available to you on or through this Site, you agree that you will not upload or otherwise submit or facilitate submission of any content, including text, communications, software, images, sounds, data, or other information, that:
1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Fitlife’s rules or policies;
2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
4. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
6. Impersonates any person or entity, including any of Fitlife’s employees or representatives.
In addition, you may not use the Site to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You acknowledge that Fitlife will cooperate fully with investigations of violations of systems or network security at other Sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
If you believe that content has been posted on the Site that violates these Terms, please notify us via email to email@example.com. We may, but typically will not, acknowledge receipt of your complaint. You agree that Fitlife cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Site, but will take only such actions as we believe are appropriate in our sole discretion. If you are a copyright owner and you believe your rights have been violated by Content uploaded to this Site, please follow our complaint process below.
3. INTELLECTUAL PROPERTY
For purposes of these Terms, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on Fitlife’s Site. This includes, but is in no way limited to, message boards, chat, and other original content.
By accepting these Terms, you acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, and is the sole property of Fitlife. You are only permitted to use the content as expressly authorized by Fitlife or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from Fitlife or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
Neither Fitlife nor its affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Fitlife’s marks and certain other marks on this Site are registered or unregistered trademarks or service marks of Fitlife. All custom graphics, icons, logos, and service names are registered or unregistered trademarks or service marks of Fitlife. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of Fitlife.
Each time you submit any User Materials (as explained further below), you represent and warrant that you are at least the age of majority in the state in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Materials you submit, and that, as to that User Material, (a) you are the sole author and owner of the intellectual property and other rights to the User Material, or you have a lawful right to submit the User Material and grant Fitlife the rights to it that you are granting by these Terms and any additional terms, all without any obligation on our part to obtain consent of any third party and without creating any obligation or liability of Fitlife; (b) the User Material is accurate; (c) the User Material does not and, as to Fitlife’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User Materials will not violate these Terms or any additional Terms, or cause injury or harm to any person.
Fitlife has no obligation to monitor or enforce your intellectual property rights to your User Materials, but you grant Fitlife the right to protect and enforce its rights to your User Material, including by bringing and controlling actions in your name and on your behalf (at Fitlife’s cost and expense, to which you hereby consent and irrevocably appoint Fitlife as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
4. USER’S MATERIALS
Please do not submit confidential or proprietary information to Fitlife unless we have mutually agreed in writing otherwise. Fitlife is also unable to accept your unsolicited ideas or proposals, so please do not submit them to Fitlife in any circumstance.
Fitlife respects the intellectual property of others and asks you to do the same. If you or any user of this Site believes its copyright, trademark, or other property rights have been infringed by a posting on this Site, you or the user should send notification to Fitlife immediately. To be effective, the notification must include:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed;
3. Information reasonably sufficient to permit Fitlife to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit Fitlife to locate the materials;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), Fitlife’s Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
c/o Fitlife Foods Tampa, LLC
1511 N. Westshore Blvd.
Tampa, FL 33607
5. TRANSMISSION OF PERSONAL DATA
6. DISCLAIMERS AND LIMITATION OF LIABILITY
Users of our Site (individually and collectively, “User”) expressly agree that use of the Site is at User’s sole risk. Neither Fitlife nor its Affiliates warrant that the Site will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Site or the results that may be obtained from the use of the information provided on the Site, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Site. Fitlife does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked on the Site 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. FITLIFE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FITLIFE FOODS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, SATISFACTORY QUALITY, NONINTERFERENCE, OR ACCURACY OF INFORMATIONAL CONTENT; WHETHER SUCH WARRANTIES ARISE FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, SUCH WARRANTIES ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY FITLIFE AND AFFILIATES. UNDER NO CIRCUMSTANCES SHALL FITLIFE OR ITS AFFILIATES 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 SITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE SITE, EVEN IF FITLIFE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OTHER MATTER RELATING TO OUR SITE. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE IS TO DISCONTINUE YOUR USE OF THE SITE. IN NO EVENT SHALL FITLIFE’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 FITLIFE OR ITS PROVIDERS OR AFFILIATES SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall Fitlife or any other party involved in creating, producing, or distributing the Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, 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 Site’s records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise and services available through the Site. 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 site 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 Fitlife, 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 Site in terms of their correctness, accuracy, reliability, or otherwise. No advice or information, obtained by you from our personnel or through the Site shall create any warranty not expressly provided for in these Terms.
7. THIRD PARTY INFORMATION/LINKS TO OTHER SITES
The Site may reference or link to third-party sites throughout the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. Fitlife has no control over these third-party sites or the content within them. Fitlife cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. Fitlife 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. Fitlife 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 Site to search for or link to another third-party site, you agree and understand that you may not make any claim against Fitlife for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site.
You assume full responsibility for any use of any information, goods or services offered on or through this Site. You understand and agree that Fitlife will not be responsible or liable for any claim, loss or damage arising from the use of any information, goods or services. You agree to defend, indemnify, and hold Fitlife, Affiliates 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 your further agree that any violation by you of these Terms shall constitute a full defense in avoidance of any claim that you may make against Fitlife, and that no liability may attach to Fitlife in case of such violation by you.
9. EXPORT CONTROLS
Materials available on or through this Site are subject to United States Export Controls. No materials from this Site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the materials, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
10. INTERNATIONAL USE
Although this Site may be accessible worldwide, Fitlife makes no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
11. TERMINATION OF USE
You agree that Fitlife may, in its sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your access and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Site immediately ceases. Fitlife shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Fitlife in connection therewith.
Your obligations to Fitlife will continue upon termination of your rights under these Terms, including restrictions regarding the content, disclaimers, indemnification obligations and liability limitations under the Terms. Upon termination of your rights, you must promptly destroy all content downloaded or obtained from this Site, as well as all copies of any content.
12. APPLICABLE LAW
The Site is created and controlled by Fitlife in the State of Florida. The laws of the State of Florida will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. It can be accessed from all fifty states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this Site, Fitlife and you both agree that the statutes and laws of the State of Florida, without regard to the conflict of laws principles thereof, will apply to all matters relating to the use of this Site. Fitlife and you both agree and submit to the exclusive personal jurisdiction and venue of the state and federal courts sitting in Hillsborough County, Florida, as applicable, with respect to such matters and any other dispute relating to the Site. In any action to enforce these terms, the prevailing party will be entitled to attorneys’ fees and costs. Any cause of action brought by you against Fitlife or its Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
Fitlife reserves the right to make changes to its Site and these disclaimers, terms and conditions at any time.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by Fitlife to enforce or exercise any provision of these terms or related rights shall not constitute a waiver of that right or provision.
You may not assign your rights or obligations under these Terms to any third party, and any purported attempt to do so shall be null and void. Fitlife may freely assign its rights and obligations under these Terms.
You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of this Site.
These Terms shall not be construed more strictly against any party regardless of who is responsible for their drafting. Unless the context of these Terms otherwise clearly requires, references to the plural include the singular and the singular include the plural. Wherever the context so requires, the masculine shall refer to the feminine, the feminine shall refer to the masculine, the masculine or the feminine shall refer to the neuter, and the neuter shall refer to the masculine or the feminine.
The captions of these Terms are for convenience and ease of reference only and in no way define, describe, extend, or limit the scope or intent of these Terms.
FURTHER TERMS SPECIFIC TO CUSTOMERS WITH DELIVERY ACCOUNTS:
16. YOUR ACCOUNT
You agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data and any information you provide to us, and to keep it accurate. Without limiting any other provision of these Terms, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of this Site, or any portion thereof by you. You agree not to assign, transfer or sublicense your rights as a registered user of this Site. You agree not to assign, transfer or sublicense your rights as a registered user of this Site. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Site. Fitlife reserves the right to refuse or cancel your delivery account due to certain medical conditions, including those listed below. We also reserve the right to cancel your account should you violate any provision of these Terms, or any other posted policy on the Website. The contents of this Site, including the text, graphics, images, and information obtained from Fitlife third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”), and any other materials are to be used for informational purposes only.
17. PAYMENT FOR FITLIFE PRODUCTS/SERVICES
You may order Fitlife’s products and/or services through the Site. Fitlife accepts all major credit cards: Visa, American Express and MasterCard. If you order Fitlife meals for delivery through the Site, the account on file will be billed and charged for the full value of delivery order upon ordering. Taxes will apply and may vary per location.
18. PARENTAL OR GUARDIAN PERMISSION
You must be 18 years or older to purchase any product or service offered on or through the Site.
19. SCHEDULE CHANGES
Customers who order Fitlife meals for delivery through the Site must provide any changes to their delivery schedule or meal selections by the specified date on the Site. All orders are due by Tuesday at 11:59 pm for incoming Sunday, Monday and Tuesday deliveries. The Site will only allow you to choose the next available delivery date if the date and time has passed for the current cutoff time.
Fitlife makes its best efforts to deliver your meals on time. Delivery hours are between the hours of 1 pm and 5 pm. Therefore, the location of delivery must allow 24-hour access. Fitlife hand delivers meals in sealed, insulated cooler bags 3 times a week. Please refer to the Site for the next available delivery date in your area. The deliveries initially will only occur on Sunday, Monday & Tuesday in specific regions. If you fail to provide a gate code or improper gate code and our driver cannot deliver the food, the food will be returned back to the store and you will be required to pick it up at the store location.
21. STATEMENT REGARDING FOOD ALLERGENS
The most common food allergens are as follows: milk, eggs, shellfish, soy, tree nut, peanut, wheat gluten, citrus, garlic, garlic powder, onion, and onion powder. Please be advised that some meals may contain these. If you are 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 will not be any cross contamination with your other meals. We do not currently cook in a certified gluten free kitchen. Food allergy reactions can range from mild to severe. We caution you to exercise extreme caution when ordering Fitlife meals. If you have moderate to severe allergies we cannot recommend Fitlife for you.
22. NOT MEDICAL ADVICE
The information presented on this Site 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 Site. 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 Site 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.
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.
24. BAGS AND ICE PACKS DEPOSIT
Thermal bags and ice packs are the property of Fitlife. The bags are to be left out for the delivery driver the night before the deliveries are scheduled for drop-off. Fitlife does not take responsibility for any item(s) left in thermal bags when picked up. If cooler bags and ice packs are not left out, customers will be charged another $25.00 cooler bag fee and this could interrupt the customer’s delivery schedule.
25. RESTARTING DELIVERY AFTER TAKING A BREAK
If you have previously used Fitlife delivery and wish to restart home delivery after taking a previous break, the cooler bag must be left out the night prior to restarting delivery. If a cooler bag is not left out from previous use, customer will be charged a $25.00 cooler bag fee.
26. NUTRITIONAL INFORMATION
Please note that nutritional information on our Site reflects recent updates to meals based on evolving ingredients. The nutritional information for meals at the time of their preparation is reflected on the labels on our meal containers.
27. PHONE CALLS
If you sign up for delivery of Fitlife’s meals, you will be asked to provide us with a telephone number at which we can reach you. That number is required for shipping and so that Fitlife can reach you with informational calls related to your transactions. All calls to and from Fitlife may be monitored or recorded for quality and training purposes.
28. TEMPERATURE CONTROL
Fitlife cannot guarantee that food will maintain temperature after the drop-off period. It will be the customer’s responsibility to ensure all food items are picked up by that time and put into a refrigerator. It will be the customer’s choice to consume these items if they sit out longer than the delivery time. You hereby release Fitlife of all liability after that time frame if you do not follow the timeline guidelines for refrigeration.
29. CONTACTING FITLIFE
You may contact us by email at firstname.lastname@example.org. We typically respond M-F between the hours of 9-5:00 PM EST