License To Use Site
The Website is designed to provide information about our products, programs and other offerings. You may use the Website solely for personal and non-commercial purposes. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company. Your right to use the Website is not transferable. You acquire no rights or licenses in or to the Website and materials contained therein other than the limited right to utilize the Website in accordance with these Terms of Use.
User Eligibility
You acknowledge that you are 13 years of age or older. Children under the age of 13 are not eligible to sign up or purchase anything on our Website. If you are under 13, please ask your parent or guardian to sign you up for our products or other offerings.
Privacy
Any and all information that we obtain from you, or from transactions processed through the Website, including names, addresses, telephone numbers, e-mail addresses, and/or credit card information, and any other information concerning use, transactions, and traffic through the Website may be collected and used by us as provided in our Privacy Policy which can be accessed through the following link: Privacy Policy.
Password
When you register on the Website, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party. You agree to notify the Company immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Your username and password are not transferable.
Communications On Internet; Events Beyond Our Control
Use of the Website and the products sold thereon is at your sole risk and neither NutriFit nor any of its affiliates, suppliers, employees or agents warrant that the Website will be uninterrupted, timely, accurate, complete or error-free or that errors, if any, will be corrected. Other than as required under applicable consumer protection law, under no circumstance will NutriFit be liable for any damages of any kind arising from the use of this Website or the products sold thereon. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website.
While NutriFit has endeavored to create a secure and reliable Website, NutriFit and its affiliates are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Website, or for the consequences of any reliance on such information. You must make your own determination as to these matters. NutriFit is not responsible for failure to receive an order or technical problems that may hinder the efficacy of an order. NutriFit and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Website may be temporarily unavailable from time to time for maintenance or other reasons.
Credit Card Payments
You hereby authorize the Company to charge all amounts owed to the Company hereunder, to the credit card or payment account you provide to the Company. You shall additionally be responsible for and shall immediately pay the Company, on demand, any payments that are made to the Company that are subject to a subsequent reversal. Questions regarding charges must be brought to the attention of the Company within thirty (30) days after the end of the questioned billing period. Charges beyond thirty (30) days old are not subject to review.
Pricing
All pricing is subject to change without prior notice. We reserve the right to adjust the price of any product or service sold through the Website at any time in our sole discretion. In the event that a product is listed on the Website at an incorrect price due to a typographical error or error in pricing information received from our suppliers, NutriFit shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price. NutriFit shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, NutriFit shall issue a credit to your credit card account in the amount of the incorrect price.
Copyright and Trademark
All content on the Website, including but not limited to design, text, graphics, articles, photographs, video, audio, organization, compilation, and the selection and arrangement of all of the foregoing (the “Company Content”), is the proprietary property of the Company or a third party and protected by copyright. All rights reserved. No Company Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. You may not republish Company Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Company Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Website are trademarks of the Company and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Warranties and Disclaimers
YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. All information appearing on the Website is provided “AS IS, AS AVAILABLE” and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise. THE COMPANY DOES NOT WARRANT THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.
The terms of this section shall survive any termination of the Terms.
Links To Other Websites And Information About Other Products And Services
The links found on this Website will let you leave our Website and go to sites operated by parties other than the Company. The linked sites are often not under the control of the Company and we are not responsible for the contents of any linked site or any link contained in a linked site that are not owned and operated by the Company, or any changes or updates to such sites. Such links by this Website to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by the Company, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between the Company, or any of its affiliates, and any linked third party or their content. The Company does not assume any responsibility or liability for the actions, product, content and/or information of these and other third parties and/or their web sites. You should carefully review their privacy statements and other conditions of use.
Applicable Law
This Agreement shall be governed and constructed in accordance with the laws of the State of California without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in Los Angeles, California.
Any cause of action you may have with respect to your use of this Website must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Termination
The Company may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the Website, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. Your sole remedy against the Company in the event of a dispute arising out of this Agreement, the Website or your use thereof, is to terminate this Agreement by ceasing your use of the Website. In the event of termination of this Agreement, the Company may delete and/or store, in its discretion, data associated with your use of the Website. The Company may also change, suspend, or discontinue any aspect of this Website at any time, including the availability of any web site feature, database, or content.
Notices
Notices under this Agreement shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to NutriFit, LLC, 11692 Gateway Blvd., Los Angeles, CA 90064.
Modifications to this Agreement
The Company reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Website. We encourage you to review this Agreement periodically for any updates or changes. You understand and agree that if you use the Website after the date on which this Agreement has changed, the Company will treat your use as acceptance of the updated Agreement.
Entire Agreement
This Agreement and our Privacy Policy contain the entire agreement between you and the Company with respect to this Website. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to this Website. Any rights not expressly granted herein are reserved.
Assignment
The Company may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not.
Personal Catering Local Delivery Terms & Conditions
After your Personal Eating Plan has been established, we will prepare and deliver your meals on an ongoing basis.
You can manage your schedule online at your convenience, and it’s the most efficient way to input meal suspensions and menu ratings. As with any changes to your plan, you may suspend your service without penalty provided you do so online by noon of the previous delivery day. The system will send you an automatic confirmation if you suspend online.
Our customary delivery hours are between 11:00 PM (the previous night) and 5:00 AM (on the delivery day), three times/week (on Monday, Wednesday and Friday). Monday’s delivery generally includes all meals prepared for Monday and Tuesday. Wednesday’s delivery generally includes all meals prepared for Wednesday and Thursday, and Friday’s delivery includes all meals prepared for Friday through Sunday. However, your individual schedule may vary, depending on your meal plan and requirements. Daily delivery is available in some areas of Southern California for an additional fee. The schedule of delivery for shipping clients does vary, so ask your Client Services Representative for your specific schedule.
Alternatively, you may pick up your meals at our facility, located at 11692 Gateway Blvd. (on the corner of Barrington and Gateway in West Los Angeles). Please call to establish a pick-up time. Our usual office hours are
from 8:00 AM – 8:00 PM, Sunday through Friday. Our specially designed cooler bags are packed with sufficient ice to keep your meals insulated for up to 8 hours. However, we do not guarantee replacement should weather conditions change, or if the meals are not placed under refrigeration promptly. We recommend that you always check to see if your bag has been delivered before you retire at night. If the delivery has not arrived, we recommend you refrigerate them by 7:00 am.
For personal catering programs, delivery is free in the aforementioned areas with a $50.00 average minimum order value. There may be an additional charge for outlying areas, or programs where the average delivery value falls below the minimum required for free delivery. For Family Fare orders, delivery is free in our customary delivery area if the order value exceeds $75.00. For smaller orders, the fee is determined by the order value and the proximity of the delivery location to our west Los Angeles facility. Shipping to other areas in the continental United States is available.
Please leave your empty delivery cooler, including insert and ice packs, out for pick up on your regularly scheduled delivery days. Failure to do so will result in a charge to your account in the amount of $24.95 plus sales tax for each bag you do not return. Your driver will take the empty cooler bag with the ice blocks and replace it with fresh, deliciously healthy meals. Also, we ask that you please recycle the empty meal containers. These can also be used for storage or donated to a school. Should you elect to rinse out and return empty containers to us, we will donate them to a local charity to be re-purposed for homeless meals. All cooler bags come with tamper-evident safety seals. Should the safety seal be missing, we ask that you call us immediately. Refunds are not granted merely because the seal is missing.
Your feedback is important to us and we will work with you! We will do our best to make sure that every meal is pleasing, however it can take some time to get to know your preferences. However, refunds are not granted simply because the meal is not to your liking. All deliveries come with a menu (in the top of the cooler bag) so that you can rate the meals (return your marked menus with your empty bags), or you can rate your meals online at your convenience. Should you rate a meal with lowest rating possible, we will remove it from any future menus.
You may choose to be billed once per week (called weekly billing) at our daily rate, take advantage of discounted 14-day or 28-day rate, which requires advance payment. In that case, a retainer will be established and the value of your deliveries will be deducted from the retainer every time you receive meals. You can select automatic renewal (by signing an authorization), which allows your meals to continue from one cycle to another without interruption. You can view your billing cycle using your online member account, and change it at your convenience. There are more favorable rates for longer commitments, and our special promotions are generally based on prepaid meal plans.
All services will be charged to your designated credit card, unless other arrangements are made. Monthly prepay plans are billed after the first delivery. Accounts over 30 days past due are subject to a 1% monthly interest charge. Weekly plans are billed every Friday. Stopping service prior to the end of a cycle will result in the unused paid balance remaining in your retainer account until you’re ready to resume service.
Retainer balances may be refunded upon request, and any remaining balance will be refunded after being recalculated at the daily rate.
We are here to answer questions about your meals, our products and all of the programs that we offer. Our mission is to ensure that you are satisfied with every aspect of our service. Please sign below to indicate that you have received and read these terms and conditions.
Personal Catering Shipping Programs Delivery Terms & Conditions
After your Personal Eating Plan has been established, we will prepare and deliver your meals on an ongoing basis. You can manage your schedule online at your convenience, and it’s the most efficient way to input meal suspensions and menu ratings. As with any changes to your plan, you may suspend your service without penalty provided you do so online by noon of the previous delivery day. The system will send you an automatic confirmation if you suspend online. If you prefer to suspend meals via email, you must receive a confirmation via email to insure the suspension has been handled. Requests not confirmed by a written response are not considered received. Late cancellations are not processed online, or by phone.
Meals are delivered fresh via UPS Next Day Air or Ground (depending on location), and shipments are sent out up to twice per week (depending on meal plan). Shipments are sent out on Mondays to arrive Tuesday and Wednesdays to arrive Thursdays. Packages are shipper released, unless requested otherwise, and will be left by UPS without requiring a signature. Please let us know if you’d like us to require a signature or include any specific delivery instructions for the UPS driver.
You will receive an automated email from our UPS Quantum View program with your tracking number when your shipment is sent out and will be notified if your package has any exceptions during transit. Please call us immediately if you receive an exception notification, or if you have any issues with your delivery. We will contact our UPS representative, and keep you updated on your shipment status. Our coolers are packed with sufficient ice and designed to keep your meals insulated until arrival. Once received, meals should be placed under refrigeration promptly. We ask that you please recycle the box, cooler, ice packs and empty meal containers.
Your feedback is important to us and we will work with you! We will do our best to make sure that every meal is pleasing, however it can take some time to get to know your preferences. However, refunds are not granted simply because the meal is not to your liking. All deliveries come with a menu and you can rate your meals online at your convenience. Should you rate a meal with lowest rating possible, we will remove it from any future menus.
You may choose to be billed once per week (called weekly billing) at our daily rate, take advantage of discounted 14-day or 28-day rate, which requires advance payment. In that case, a retainer will be established and the value of your deliveries will be deducted from the retainer every time you receive meals. You can select automatic renewal (by signing an authorization), which allows your meals to continue from one cycle to another without interruption. You can view your billing cycle using your online member account, and change it at your convenience. There are more favorable rates for longer commitments, and our special promotions are generally based on prepaid meal plans.
Shipping costs are processed and billed on Fridays for the any costs during that week, and are separate from the cost of your meal plan. Costs are passed on directly from UPS to the client. There is an additional $25 packaging fee per shipment to cover cost of materials. All services will be charged to your designated credit card, unless other arrangements are made. Monthly prepay plans are billed after the first delivery. Accounts over 30 days past due are subject to a 1% monthly interest charge. Weekly billing plans are billed every Friday. Stopping service prior to the end of a cycle will result in the unused paid balance remaining in your retainer account until you’re ready to resume service.
Retainer balances may be refunded upon request, and any remaining balance will be refunded after being recalculated at the daily rate. We are here to answer questions about your meals, our products and all of the programs that we offer.
Our mission is to ensure that you are satisfied with every aspect of our service.
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 well-being.
NutriFit programs should not be used as a substitute for sound medical advice. We shall not be responsible or liable under any circumstances for any illness or health problem that may result from the consumption of our prepared foods, meals or other products.
MEDICAL EMERGENCY
If you have a medical emergency, call your doctor or 911 immediately.
NutriFit LLC is geared toward providing information to consumers regarding the capabilities and ranges of products of NutriFit LLC. The information contained on this website is compiled from a variety of sources and is not considered complete. The information accessed through this website is provided “AS IS” and without any warranties, whether expressed or implied. NutriFit LLC disclaims any liability based on information provided in this website
To the Fullest extent permitted by law, NutriFit LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, regarding any information or other material displayed on this website, whether authored by NutriFit LLC or others; and the operation of this website, including any warranty of merchantability and/or fitness for a particular purpose.
NutriFit LLC makes no representation or warranty as to the reliability, accuracy, timeliness, usefulness, adequacy or suitability of the information contained in this website and does not represent and/or warrant against human or machine error, omissions, delays, interruptions or losses, including the loss of any data.
GENERAL WEBSITE INFORMATION
The information contained in this website is not intended to recommend the self management of health problems or wellness. It is not intended to endorse or recommend any particular type of medical treatment. Should any reader have any health care related questions, promptly call or consult your physician or healthcare provider. No information contained in this website should be used by any reader to disregard medical and/or health related advice or provide a basis to delay consultation with a physician or a qualified healthcare provider.