ORDERS ARE DUE EVERY THURSDAY BEFORE 11:59PM | DELIVERY EVERY SUNDAY

Terms of service

TERMS OF USE

This agreement is between you the [“User” or “you”] and PREPPED EATS (Collectively, “PREPPED EATS”, “we”, “our” and “us”.)

If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms and conditions and any other provisions and/or terms and/or otherwise between PREPPED EATS and you, the provisions and the terms of these Terms of Use will prevail. Please feel free to contact us with any questions regarding the content of this agreement.

Therefore, the use of www.preppedeatsmeals.com is subject to the following terms and conditions. PREPPED EATS reserves the right to update the Terms and Conditions at any time without notice to the user. The most current version of the Terms and Conditions can be reviewed by clicking on the ‘Terms of service’ hypertext link located at the bottom of our webpages.

  1. USAGE

You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify PREPPED EATS for any losses, costs or damages, including reasonable legal fees, incurred by PREPPED EATS in relation to, or arising out of, such a breach.

  1. ABOUT PREPPED EATS

PREPPED EATS is a corporation carrying on its business operations in California, the United States of America. PREPPED EATS renders food meal prepping service and delivery. To effectively carry out its business activities to its prospective customers, PREPPED EATS has created www.preppedeatsmeals.com (“The site or Website”)   .

  1. APPLICABILITY

"These general terms and conditions (the "Conditions") apply to:

(a)            The use of any information, pictures, documents and/or other services offered by PREPPED EATS via (our “Website”); 

(b)           The subscription to the food meal prepping and delivery service rendered on the site.

  1. OUR SERVICE

4.1             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 the Serviced Country; and (4) are accessing the Service from a Serviced Country.

4.2            PREPPED EATS Subscription Service. Our Service requires you to sign up for a subscription service, which is an automatic, recurring weekly OR monthly subscription to any of PREPPED EATS meal package (“Subscription Service”). As part of the Subscription Service, we offer a number of subscription options – weekly and monthly subscription packages (“Plan”) that you may choose from;

-                 Our weekly packages consists of 2 Meals Per day, Prepped for 5 days. Therefore, the total weekly package is 10 prepped meals for a $90 subscription Fee.

-                 Our monthly packages consists of 2 Meals Per day, Prepped for 5 days. Therefore, the total monthly package is 40 prepped meals for a $340 subscription Fee. (* Fresh meals would be delivered weekly with our monthly subscription package.)

Please take note of the following when placing orders;

  • orders are due every Thursday by 11.59p.m;
  • we require x2 of each menu Item when placing an order and;
  • a 50% Deposit is required of the fee, when an order is to be placed.

You can find specific details regarding your Plan and the PREPPED EATS 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. PREPPED EATS 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 PREPPED EATS provided notice to you of the price or Plan change. By continuing to use the PREPPED EATS 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 cancelling 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.

4.3            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 info@preppedeatsmeals.com.  Additionally, please note that, on occasion, PREPPED EATS 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 14.3 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 info@preppedeatsmeals.com.

  1. SHIPPING, DELIVERY, AND RETURNS

5.1             PREPPED EATS Delivery Week. PREPPED EATS’ “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 sent to the email you provide at the time of your order. PREPPED EATS uses local and contactless delivery services in Sacramento, CA. This is subject to change. You are responsible for providing PREPPED EATS with full and accurate information regarding how your items should be delivered.

5.2            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. If a meal plan package is misplaced or delayed, and the transit time allowed by PREPPED EATS, arrangements can be made for a replacement package to be shipped. Modification to my delivery schedule may result in additional shipping charges.

5.3            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 info@preppedeatsmeals.com.

5.4            No Returns. All sales are final. Any meals or products purchased through and from PREPPED EATS’ Site, over the phone, or through any of PREPPED EATS’ partners or affiliates are often perishable food items and cannot be returned to sender for a refund.

  1. PAYMENT TERMS

6.1             Payment Method. To sign up for a Plan, you will be required provide a credit card or other payment method accepted by PREPPED EATS (“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 PREPPED EATS 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 PREPPED EATS’s net income.

6.2            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 7.

6.3            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. PREPPED EATS MAY SUBMIT PERIODIC CHARGES (E.G., WEEKLY OR MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE ADVANCE NOTICE (IN COMPLIANCE WITH THE PLAN MODIFICATION POLICIES IN SECTION 7) THAT YOU WISH TO TERMINATE THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE PREPPED EATS REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, LOG ON TO YOUR PREPPED EATS ACCOUNT, EMAIL info@preppedeatsmeals.com. 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.

6.4            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 7 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.

  1. PLAN MODIFICATIONS

7.1             Modifying Your Order. Plans are made to order every week. All cancellations and modifications of the current week’s delivery must be made by: Thursday 11:59PM (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 contact us at info@preppedeatsmeals.com. 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 7.3. 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.

7.2            Customizations. You may request customizations to your Meal Kits beyond the options provided on the site, though not all customization requests can be accommodated. PREPPED EATS 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 PREPPED EATS 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. PREPPED EATS reserves the right to change the list of ingredients which cannot be omitted from Meal Kits at any time without prior notice. You can also customize your meal delivery based on a specific Nutritional program given to you by your dietician.

7.3            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 contacting our customer service at info@preppedeatsmeals.com, Tuesday through Saturday between the hours of 8am and 5pm PST, or by emailing us at info@preppedeatsmeals.com. 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 cancelled 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 cancelled and refunded, to confirm, email us at info@preppedeatsmeals.com.

  1. WEIGHT LOSS AND HEALTH CLAIMS

8.1            PREPPED EATS provides you with the option in section 7.2 to customize your meal kits in compliance with the specifications provided to you by your dietician. Weight loss and health results are not guaranteed by PREPPED EATS. By purchasing from PREPPED EATS, you acknowledge that PREPPED EATS does not make any claims, guarantees, explicit or implied, for any specific results. Failure to lose weight or meet your desired results will not be grounds for a refund or to seek any damages against PREPPED EATS.

8.2            PREPPED EATS 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. PREPPED EATS PROGRAMS ARE NOT MEDICALLY SUPERVISED PROGRAMS. IF YOU HAVE ANY MEDICAL CONDITIONS, WE RECOMMEND AND IN SOME CASES REQUIRE YOU TO SEEK PHYSICIAN APPROVAL.

  1. YOUR ACCOUNT

9.1            You will be required to create an account on the Site before subscribing to the Services, your username and password will be chosen by you. You are responsible for all actions taken under your chosen username and password.

9.2           By creating an account on the Site you warrant:

9.2.1        That all the details you provide are true, accurate, current and complete in all respects;

9.2.2       To only create one (1) account and to only use the Site using your own username and password;

9.2.3       Not to disclose your password to anyone and to make every effort to keep your password safe;

9.2.4       To change your password immediately upon discovering that your account has been compromised; and

9.2.5       To notify us if you suspect someone has accessed your account without permission.

9.3           PREPPED EATS reserve the right to terminate your account and to suspend or terminate your access to the Site immediately and without notice to you if:

9.3.1        You breach these Terms;

9.3.2       You are impersonating any other person or entity;

9.3.3       When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; and/or

9.3.4       PREPPED EATS suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity in relation to usage of the service.

  1. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

The Website may provide links to external Internet sites. PREPPED EATS hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. PREPPED EATS shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.

  1. INFORMATION ON THE WEBSITE

The information on the Website is for general information purposes only and does not constitute advice. Even though PREPPED EATS has composed its Website with care, the information, texts, documents, graphics, and/or other services/information on it may contain errors or be otherwise incorrect or incomplete. PREPPED EATS does not guarantee that the Website and/or the information is free of errors, defects, malware and viruses or that the Website and/or information is correct, up to date and accurate.

To the maximum extent permitted under applicable law, PREPPED EATS shall not be liable for any damages resulting from the use or inability to use of the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of such information or the Website, unless such damage is the result of any willful misconduct or from gross negligence on the part of PREPPED EATS.

PREPPED EATS shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

  1. INTELLECTUAL PROPERTY

All brand names, logo, product names and titles used on the Website are trademarks or trade names of PREPPED EATS or third party trade mark or trade name holders. You are not allowed to use or reproduce any such trademarks, logo or trade names as this may constitute an infringement of the holder’s rights.

The rights in the Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source codes, software and all other material on this Website are owned by or licensed to PREPPED EATS and/or its suppliers and subcontractors.

You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of subscribing to any service with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this Website, including reproduction for purposes other than the one mentioned above, modification, distribution or republication. Should you wish to use materials or information from this Website, you need our prior written approval to do so.

  1. DATA PRIVACY

PREPPED EATS collects and processes your personal data according to the privacy and cookie notice. Please familiarize yourself with PREPPED EATS’s Privacy policy displayed at the bottom of our webpage.

  1. DISCLAIMER OF WARRANTIES

14.1           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.

14.2          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.

14.3          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 PREPPED EATS’S AND OUR SUPPLIER’S FACILITIES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE THESE PRODUCTS, AND WHILE PREPPED EATS 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. PREPPED EATS 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 PREPPED EATS IN ORDER TO PROVIDE INFORMATION TO CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.

  1. INDEMNITY; LIMITATION OF LIABILITY

15.1           Indemnity. You agree to defend, indemnify, and hold harmless PREPPED EATS, 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 wilful misconduct.

15.2          Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL PREPPED EATS 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 ZERO ($0.00).

15.3          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 PREPPED EATS.

  1. ACTIVITIES PROHIBITED ON THE SITE

16.1          The following is a partial list of the kinds of conduct that are illegal or prohibited on the site. PREPPED EATS reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of PREPPED EATS, engages in any of the prohibited activities. Prohibited activities include-but are not limited to-the following:

16.1.1      Using the site for any purpose in violation of local, state, national, or international laws;

16.1.2      Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;

16.1.3      Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by PREPPED EATS in its sole discretion or pursuant to local community standards. PREPPED EATS takes no responsibility for monitoring such content or in evaluating it;

16.1.4      Posting advertisements or solicitations of business;

16.1.5      After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);

16.1.6     Posting chain letters or pyramid schemes;

16.1.7      Impersonating another person;

16.1.8     Distributing viruses or other harmful computer code;

16.1.9     Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;

16.1.10   Allowing any other person or entity to use your identification for posting or viewing comments;

16.1.11    Posting the same note more than once or “spamming”;

16.1.12    Harassing, threatening, stalking, or abusing any person; or

16.1.13    Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the site, or which, in the sole discretion of PREPPED EATS, exposes PREPPED EATS or any of its customers or suppliers to any liability or detriment of any type.

16.1.14    PREPPED EATS reserves the right-but is not obligated-to do any or all of the following:

16.1.14a Record the dialogue or content posted on any pages of the Site;

16.1.14b Investigate an allegation that anything posted on the site does not conform to this TOU and determine in its sole discretion to remove or request the removal of the posting;

16.1.14c Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform to these TOU;

16.1.14d Terminate a user’s access to the site upon any breach of these Terms and Conditions;

16.1.14e Monitor, edit, or disclose any posting on the site; and

16.1.14f  Edit or delete any communications posted on the site, regardless of whether such communications violate these standards.

16.2         PREPPED EATS may disclose user information including personal identity and other personal information to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

16.3         Without limiting the foregoing, PREPPED EATS has the right to fully cooperate with any law enforcement authorities or court order requesting or directing PREPPED EATS to disclose the identity or other information of anyone posting any materials on or through the Site or any Sites.

16.4         YOU WAIVE AND HOLD PREPPED EATS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PREPPED EATS, DURING OR AS A RESULT OF ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY PREPPED EATS, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.

16.5         PREPPED EATS does not undertake to review any materials before you have posted them on the Sites and cannot ensure prompt removal of objectionable material after it has been posted. PREPPED EATS assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. PREPPED EATS has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

16.6         PREPPED EATS has the right to terminate your account and your access to the Site or Sites for any reason, including, without limitation, if PREPPED EATS, in its sole discretion, considers your use to be unacceptable. PREPPED EATS may, but shall not be under any obligation to, provide you a warning prior to termination of your use of the Site or Sites.

  1. WAIVER

17.1          Any failure to exercise or any delay in exercising a right or remedy provided by this Agreement or at law or in equity (and/or the continued performance of this Agreement) shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies. A waiver of a breach of any of the terms of this Agreement must be in writing and shall not constitute a waiver of any other breach and shall not affect the other terms of this Agreement.

17.2          The rights and remedies provided by this Agreement are cumulative and (except as otherwise provided in this Agreement) are not exclusive of any rights or remedies provided at law or in equity.

  1. SEVERANCE

If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain unaffected and in force.

  1. ENTIRE AGREEMENT

19.1          These Terms, together with the documents referred to in it, constitute the entire agreement and understanding between us in respect of the matters dealt with in them and supersedes any previous relating to such matters.

19.2         You acknowledge and agree that in entering into this Agreement, and the documents referred to in it, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) (whether party to these Terms or not) other than as expressly set out in these Terms as a warranty. The only remedy available for breach of the warranties shall be for breach of contract.

  1. VARIATION

PREPPED EATS have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting PREPPED EATS’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in PREPPED EATS’s system's capabilities.

  1. ARBITRATION; APPLICABLE LAW.

21.1          IMPORTANT: PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE ALL DISPUTES WITH PREPPED EATS THROUGH BINDING INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND PREPPED EATS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST PREPPED EATS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

  1. LAW AND JURISDICTION

22.1          This Agreement, any non-contractual obligations arising out of or in connection with this Agreement and the relationship between the parties, shall be governed by and interpreted in accordance with the laws of California. Each party irrevocably submits to the exclusive jurisdiction of the courts of California over any claim or matter arising under or in connection with this Agreement.