Please read this agreement carefully to ensure you understand each provision.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE
We may update these Terms and Conditions from time to time at our sole discretion. The modified Terms and Conditions will be effective 30 days following posting and you agree to the new posted Terms and Conditions by continuing your use of the Site and/or placing an order. Each time you use the Site or place an order, you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound hereby. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. If you do not agree with the modified Terms and Conditions, you should stop using the Site.
By using our Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and Conditions and to use the Site in accordance with these Terms and Conditions.
IMPORTANT HEALTH INFORMATION
People with certain conditions MUST HAVE physician approval prior to ordering any Mighty Mealz consumable goods; these include, but are not limited to people who: (a) are pregnant, (b) have anorexia or bulimia, (c) have chroicni kdney disease, (d) children under 17 years old, or (e) nursing mothers. People with these or any other serious health conditions must seek physician approval before ordering any Mighty Mealz consumables.
WEIGHT LOSS AND HEALTH CLAIMS
Mighty Mealz provides weight loss and health information solely for informational purposes. Weight loss and health results are not guaranteed. Actual results will vary widely from individual to individual. By purchasing from Mighty Mealz, you acknowledge that MIGHTY MEALZ does not make any claims, guarantees, explicit or implied, for any specific results. You also acknowledge that it is possible to gain weight on a program. Failure to lose weight or meet your desired results will not be grounds for a refund or to seek any damages against MIGHTY MEALZ.
MIGHTY MEALZ does not imply, suggest or represent that any of our programs have been approved for any individual use by one of our doctors, medical staff, supervisors or staff members. MIGHTY MEALZ PROGRAMS ARE NOT MEDICALLY SUPERVISED PROGRAMS. IF YOU HAVE ANY MEDICAL CONDITIONS, WE RECOMMEND AND IN SOME CASES REQUIRE YOU TO SEEK PHYSICIAN APPROVAL PRIOR TO STARTING A PROGRAM.
CREDITS AND REFUNDS
All purchases are nonrefundable
PAUSE OR CANCEL A SUBSCRIPTION
All Meals are a finalized purchased with no refunds. Mighty Mealz is a subscription based program which can be paused or cancelled on your own accordance. It is your responsibility to make proper arrangements no later than 72 hours prior to your delivery date in order to terminate or pause services.
FOOD SUBSTITUTION POLICY
Although MIGHTY MEALZ takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. MIGHTY MEALZ is not responsible for unavailability of product due to popular demand, whether discontinued or still in production.
In the completion of orders, MIGHTY MEALZ reserves the right to substitute a similar product. When making substitutions, MIGHTY MEALZ takes great care to meet the requirements of your particular program or order. Substituted food items may contain different ingredients and allergens than those in items originally ordered. Prior to consumption, please be sure to carefully check all individual product packages for the most updated information regarding ingredients and nutritional content for any/all of MIGHTY MEALZ’s food products, including new and improved items, if you have any food allergies or if you are otherwise concerned about any particular ingredients.
Please Note: MIGHTY MEALZ’s food items may contain or may have been manufactured in a facility that also processes: dairy, eggs, fish, shellfish, soy, and tree nuts.
We sometimes use third-party carriers to deliver your food packages. It is very important that you provide us with the proper shipping information and any special instructions the delivery driver may need. For any shipping error that is caused by the carrier or us (including damaged packages or delayed deliveries), we will issue you a replacement delivery or replacement products at no additional charge. Please note, we may ask for pictures. For any shipping error caused by a mistake or omission of shipping information provided by the customer, we will provide our customers one courtesy replacement shipment per year at a 50% discount of the order’s purchase price.
YOUR RESPONSIBILITY TO PROTECT YOUR ACCOUNT
MIGHTY MEALZ reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in its sole discretion without notice. MIGHTY MEALZ will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, MIGHTY MEALZ may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
When you sign up to use the Site and create an account, you will be asked to create an account and establish a password. You are entirely responsible for maintaining the confidentiality of your password and you are entirely responsible for all activity made by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless MIGHTY MEALZ for losses incurred by MIGHTY MEALZ or another party due to someone else using your account or password. MIGHTY MEALZ has the right to disable any user name, password or other identifier, whether chosen by you or provided by MIGHTY MEALZ, at any time, in its sole discretion for any or no reason, if, in our opinion, you have violated any provisions of these Terms and Conditions.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS
All purchases through this Site or other transactions for the sale of goods or services or information formed through the Site or as a result of visits made by you are governed by these Terms and Conditions.
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
The Sites and/or Site and the content are provided on an “as is” and “as available” basis.
TO THE FULLEST EXTENT PERMITTED BY LAW, MIGHTY MEALZ, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
MIGHTY MEALZ makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Sites and/or Site. MIGHTY MEALZ cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. MIGHTY MEALZ cannot and does not guarantee or warrant that files available for downloading from these Sites and/or Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. MIGHTY MEALZ cannot and does not guarantee or warrant that any content you post on the Sites will remain on the Sites. MIGHTY MEALZ does not warrant or guarantee that the functions or services performed on the Sites and/or Site will be uninterrupted or error-free or that defects in the Sites and/or Site will be corrected.
MIGHTY MEALZ may disable all or any social media features and any links at any time without notice in our discretion.
LIMITATION OF LIABILITY
MIGHTY MEALZ’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH MIGHTY MEALZ IS TO DISCONTINUE YOUR USE OF THE SITE. MIGHTY MEALZ AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES AND/OR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES AND/OR SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF MIGHTY MEALZ HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MIGHTY MEALZ’S AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold MIGHTY MEALZ, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your use of the Sites and/or Site, including, but not limited to, any content that you may post, any use of the Sites’ AND/OR Site’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Sites and/or Site.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the People of California, without regard to its conflict of laws rules.
RESOLVING DISPUTES — ARBITRATION
Most customer concerns can be resolved quickly and to the customer’s satisfaction BY email our customer service department AT firstname.lastname@example.org. IF MIGHTY MEALZ’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if MIGHTY MEALZ has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
All disputes or claims that arise under or related to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court or by individual arbitration in accordance with the rules of the American Arbitration Association (“AAA”). Unless you and MIGHTY MEALZ agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879.
You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR MIGHTY MEALZ SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIMS AS A REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. This transaction and the arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
WAIVER AND SEVERABILITY
No waiver by MIGHTY MEALZ of any of the terms and conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MIGHTY MEALZ to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
MIGHTY MEALZ may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your MIGHTY MEALZ account. You may give notice to MIGHTY MEALZ at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: Mighty Mealz, 15165 Ventura Blvd, Sherman Oaks CA 91403, Attn: Legal Department.
Updated: July 25, 2017[/vc_column_text][/vc_column][/vc_row]