1. BINDING AGREEMENT
These are the Terms and Conditions which govern the use of Cali Fit Meals website and media pages and the sale and purchase of Cal Fit Meals, meal delivery plans. By ordering any of our meal plans or using the Cali Fit Meals website (www.CaliFitMeals.com), you agree to be legally bound and abide by these Terms and Conditions, just as if you and Cali Fit Meals had signed an agreement containing these Terms and Conditions. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. By using this Website after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. By agreeing to these Terms and Conditions you also agree to receive our newsletters and special offers. The new law requires us to obtain your consent before we may contact you using our automated dialer. Rest assured we take your privacy very seriously and your information will never be shared with or sold to any third parties.
Cali Fit Meals accepts all major credit cards; Visa, American Express, MasterCard and Discover. The account on file will be billed and charged for the full value of delivery days upon ordering. Surcharges and shipping apply and may vary. Upon commencement of your initial order, you agree to authorize Cali Fit Meals to continue charging any payment options on file anytime a balance is owed. Cali Fit Meals requires written documentation via email to Info@CaliFitMeals.com if you wish to remove any payment options from your profile. A valid credit card is required to be on file at all times.
3. ABOUT YOUR ORDER
Cali Fit Meals is a meal plan service. As a meal plan service, all orders are considered standing orders unless specifically requested otherwise at the time the order is placed (in the comments section of the order form, or by email). A standing order means your order will be delivered each week until you request the service to be altered, paused, or canceled. This can be done by emailing Info@CaliFitMeals.com. Order Change Deadlines apply. If you are utilizing a Cali Fit Meals Special Offer or Get Fit Challenge, upon completion of said offer, your program will automatically resume at the following rates:
I. Time to Slim Down Plans: Meal plans will auto-renew weekly. Auto-renew will take place at the rate of $150.00 + surcharge and shipping & handling (5 days) and $200.00 + surcharge and shipping & handling (7 days) weekly, (*may vary based on promotion).
II. Fit & Healthy Maintenance Plans: Meal plans will auto-renew weekly. Auto-renew will take place at the rate of $200.00 + surcharge and shipping & handling (5 days) and $250.00 + surcharge and shipping & handling (7 days) weekly, (*may vary based on promotion).
III. Bigger, Stronger, Faster Plans: Meal plans will auto-renew weekly. Auto-renew will take place at the rate of $250.00 + surcharge and shipping & handling (5 days) and $300.00 + surcharge and shipping & handling (7 days) weekly, (*may vary based on promotion).
If you do not wish for your plan to renew automatically, you must provide a notice via email to: Info@CaliFitMeals.com with the words, “Cancel Auto-Renew” in the subject line no later than 10:00 AM Thursday PST for the following week, or client assumes full responsibility for charges.
4. ORDER CHANGE DEADLINE (STOP, CHANGE, OR HOLD)
Any changes to your program MUST be made by 10:00 AM Thursday PST for the following week, or client assumes full responsibility for charges. Cali Fit Meals always tries its best to accommodate but will not guarantee any changes made after the Order Change Deadline.
You may stop your order temporarily or permanently, make changes to your meal plan, or re-start your order by contacting us via phone, or email. The Order Change Deadline applies, so please refer to deadline for timing details. To make any changes to your program you may email us at Info@CaliFitMeals.com or call (949)-432-MEAL.
We guarantee the quality of our products and their delivery in good condition. Because we produce a perishable product, we CANNOT accept returned food items. We will promptly credit your Cali Fit Meals account for any food item or meal that was damaged, spoiled, or impaired as a direct result of shipping or delivery. If you did not like a specific meal, we will credit your Cali Fit Meals account for that meal and work with you to replace it on your menu with a substitution. If you have placed an order and subsequently decide to cancel the order, you must contact us by the Order Change Deadline, or assume all costs associated with that purchase. Refunds will be given only on meals not delivered and/or not in production at the time of the cancellation notice. Written notice via email to Info@CaliFitMeals.com needs to be placed at least Five (5) business days prior to stop production and terminate service once your service has started. In calculating the amount to be refunded, you will be charged for any meal plan(s) not delivered and/or in production for the following week. Refunds will be issued in accordance with the payment method on record within thirty (30) business days of receipt of cancellation notice. You agree to pay any charge back costs incurred related to reversed charges on your account. Meal or food credits will be issued if you do not receive a delivery. If you received wrong or missing individual items, you may be entitled to a food credit or other adjustment. In the case of incorrect items delivered or items that are otherwise unsatisfactory due to production factors under the control of Cali Fit Meals, Cali Fit Meals reserves the right to request the item(s) to be returned along with the menu sheet that accompanied that delivery. Based on the review of said items, Cali Fit Meals reserves the right to determine the appropriate remediation. Pricing and/or shipping & handling fees may change without notice.
If you have committed to a Special Offer that has multiple weeks and cancel your program prior to your last committed delivery, you will be charged FULL RETAIL PRICE for the deliveries received. *Retail pricing will be current rate at time of order.
Questions: If you have questions about this Refund policy, please send an email to Info@CaliFitMeals.com.
Cali Fit Meals makes best efforts to deliver your meals on time. Cali Fit Meals has a strict ‘Do Not Disturb’ policy. Delivery hours are between the hours of 6:00 AM – 10:00 PM on Sundays. Delivery will be left without disturbing clients. Therefore, the location of delivery must allow 24-hour access. Cali Fit Meals hand delivers meals in sealed, insulated cooler bags. Once the Delivery Confirmation Email is sent, Cali Fit Meals will not be responsible for any stolen product. It is the sole responsibility of the client to make sure their delivery is received.
7. STATEMENT REGARDING FOOD ALLERGENS
The eight most common food allergens are as follows: milk, eggs, peanuts and tree nuts (such as almonds, cashews, and walnuts), fish (like bass, cod, flounder), shellfish (including crab, lobster and shrimp), soy and wheat. Please be advised that some meals may contain these allergens. If you’re 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 won’t be any cross contamination with your other meals. Food allergy reactions can range from mild to severe. We caution you to exercise extreme caution when ordering Cali Fit Meals. If you have moderate to severe allergies we cannot recommend Cali Fit Meals for you. If you have any questions regarding your food allergy, please contact our customer service department at (949)-432-MEAL.
8. NOT MEDICAL ADVICE
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.
9. METABOLIC SYNDROME
Cali Fit Meals has created a special meal plan for clients who are battling any form of Metabolic Syndrome. This includes, but not limited to the following conditions; Elevated Blood Sugar Levels, High Blood Pressure, Cholesterol Abnormalities, Obesity, Insulin Resistance, and High Triglycerides. 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. They are not intended for individuals with any type of health condition which could be adversely affected by a strict and regimented nutrition program.
If you elect to become a registered user of our Website, 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 and Conditions, 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 Website, or any portion thereof by you. You agree not to assign, transfer or sub-license your rights as a registered user of this Website. You agree not to assign, transfer or sub-license your rights as a registered user of this Website. 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 Website. Cali Fit Meals reserves the right to refuse or cancel your membership due to certain medical conditions, including those listed above. We also reserve the right to cancel your membership should you violate any provision of these Terms and Conditions, or any other posted policy on the Website. The contents of this Website, including the text, graphics, images, and information obtained from Cali Fit Meals third-party content providers, sponsors, suppliers, and licensors (collectively "Providers"), and any other materials are to be used for informational purposes only.
11. PARENTAL OR GUARDIAN PERMISSION
You must be 18 years or older to purchase any product or service offered on or through the Website. We strongly recommend that minors under the age of 18 ask for their parent's or guardian's permission before viewing the Website, or ordering.
When you visit the Cali Fit Meals website or sign up for meal deliveries from Cali Fit Meals, and send us information for processing your order, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In addition, Cali Fit meals may deliver communications (including legal notices) to you at the street address provided in your Cali Fit meals membership account. Finally, Cali Fit Meals may deliver communications to you by any means set forth in any other Cali Fit Meals policy or notice published on the Website.
13. RESTRICTIONS ON USE OF WEBSITE
Unless otherwise specified, Cali Fit Meals grants you a nonexclusive, nontransferable, limited license to access, use and display the Website and the material provided thereon for your personal, noncommercial use of ordering meal deliveries, provided that you comply fully with these Terms and Conditions. You acknowledge that this Website contains information, data, software, photographs, videos, text, typefaces, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Content or portions of Content may be copyrighted under the United States copyright laws (and, if applicable, similar foreign laws). All trademarks appearing on the Website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on the Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership or interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior express written consent. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of Cali Fit Meals. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cali Fit Meals without our express written consent. You may not use any metatags or any other hidden text utilizing the Cali Fit Meals name or trademarks without the express written consent of Cali Fit Meals. Any unauthorized use terminates the permission or license granted by Cali Fit Meals. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the Website so long as the link does not portray Cali Fit Meals, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Cali Fit Meals logo or other proprietary graphic or trademark as part of the link without our express written permission.
14. YOUR MEMBERSHIP ACCOUNT
15. CONTACTING CALI FIT MEALS
You may contact us by email at Info@CaliFitMeals.com; by mail to Cali Fit Meals, 3450 E Orangethorpe Ave, Anaheim, CA 92806 Attn: Customer Service (provide your first and last name, user name, and email address); or by phone to our Customer Service Department at (949)-432-MEAL. Customer Service hours of operation are Monday through Sunday 9:00 AM – 7:00 PM PST.
16. DISCLAIMERS AND LIMITATION OF LIABILITY
Users of our Website (individually and collectively, "User") expressly agree that use of the Website is at User's sole risk. Neither Cali Fit Meals, nor its parent, officers, directors, employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. Cali Fit Meals does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked on the Website 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. THE WEBSITE IS PROVIDED BY CALI FIT MEALS ON AN "AS IS" AND "AS AVAILABLE" BASIS. CALI FIT MEALS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CALI FIT MEALS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL CALI FIT MEALS OR ITS PROVIDERS 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 WEBSITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF CALI FIT MEALS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OTHER MATTER RELATING TO OUR WEBSITE. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE IS TO DISCONTINUE YOUR USE OF THE WEBSITE. IN NO EVENT SHALL CALI FIT MEALS’ 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 CALI FIT MEALS OR ITS PROVIDERS SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall Cali Fit Meals or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, 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 Website's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise and services available through the Website. 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 website 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 Cali Fit Meals, 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 Website in terms of their correctness, accuracy, reliability, or otherwise. No advice or information, obtained by you from our personnel or through the Website shall create any warranty not expressly provided for in these Terms and Conditions.
17. ONLINE CONDUCT
18. LINKS TO OTHER SITES
The Website may reference or link to third-party sites throughout the World Wide Web. Cali Fit Meals has no control over these third-party sites or the content within them. Cali Fit Meals cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. Cali Fit Meals 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. Cali Fit Meals 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 Website to search for or link to another third-party site, you agree and understand that you may not make any claim against Cali Fit Meals for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site.
You agree to defend, indemnify, and hold Cali Fit Meals 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 Conditions, and your further agree that any violation by you of these Terms and Conditions shall constitute a full defense in avoidance of any claim that you may make against Cali Fit Meals, and that no liability may attach to Cali Fit Meals in case of such violation by you.
20. APPLICABLE LAW
The Website is created and controlled by Cali Fit Meals in the State of California. The laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Cali Fit Meals reserves the right to make changes to its Website and these disclaimers, terms and conditions at any time.
21. ARBITRATION AGREEMENT
Any controversy or claim arising out of or relating to this Agreement or the use of this website shall be determined exclusively by arbitration in accordance with the rules of the American Arbitration Association, by a neutral arbitrator in a location within one hundred (100) miles of User’s address where such arbitration shall be held. The decision of the arbitrator shall be final and binding. If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, the refusing party shall pay all court costs and reasonable attorney’s fees incurred in enforcing said ruling or decision of the arbitrator. The parties agree that each may bring claims against the other in arbitration only in their individual capacity, and not as a plaintiff or class member in any putative class or representative proceeding. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then it shall be severed without affecting the entirety of this provision.
Copyright © Cali Fit Meals. (Cali Fit Meals, and CaliFitMeals.com). All rights reserved. All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to Cali Fit Meals [or its content suppliers] and are protected by United States and international copyright law. Cali Fit Meals enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.