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Terms and Conditions

Your Agreement to Terms & Conditions

By registering for or using the site, you agree to these Terms and Conditions and The Nutrition Chef Corp (hereby referred to as “Seller”) Privacy Policy. Each time you use the site, you reaffirm your acceptance of the then-current Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you may discontinue using the site. You cannot register or use the site until you have accepted these Terms and Conditions.

 

Seller may change these Terms and Conditions at any time and in its sole discretion. The modified Terms and Conditions will be effective immediately upon posting and you agree to the new posted Terms and Conditions by continuing your use of the site. You are responsible for staying informed of any changes. If you do not agree with the modified Terms and Conditions, your only remedy is to discontinue using the site.

 

Nothing contained on the site is intended to be instructional for medical diagnosis or treatment. Please consult your physician before beginning a meal program, or any other weight loss program.

 

Pick Up & Storage

If you order Tuesday - Thursday by 3pm PST your order will be delivered to your location on Monday by 9pm. The New menu is posted every Tuesday.

 

Activities Prohibited on the Site

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

  • Using the site for any purpose in violation of local, state, national, or international laws; Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
  • Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Seller in its sole discretion or pursuant to local community standards. Seller takes no responsibility for monitoring such content or in evaluating it;
  • Posting advertisements or solicitations of business;
  • 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);
  • Posting chain letters or pyramid schemes;
  • Impersonating another person;
  • Distributing viruses or other harmful computer code;
  • Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
  • Allowing any other person or entity to use your identification for posting or viewing comments;
  • Posting the same note more than once or "spamming";
  • Harassing, threatening, stalking, or abusing any person; or 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 Seller, exposes Seller or any of its customers or suppliers to any liability or detriment of any type.

 

Copyrights

The entire contents of the site are copyrighted as a collective work under the laws of United States and other copyright laws. Seller holds the copyright in the collective work. The collective work includes works which may be property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the site solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the site.

 

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms and Conditions and or your use of the Site resides in the courts located in the State of California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any provision in these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision.

 

Warranties

The site and the content are provided on an "as is" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, SELLER, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS 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. Seller makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the site. Seller cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Seller cannot and does not guarantee or warrant that files available for downloading from this site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Seller cannot and does not guarantee or warrant that any content you post on the site will remain on the site. Seller does not warrant or guarantee that the functions or services performed on the site will be uninterrupted or error-free or that defects in the site will be corrected.

 

Limitation of Liability

SELLER'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH SELLER IS TO DISCONTINUE YOUR USE OF THE SITE. SELLER AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE 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 SELLER 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, SELLER'S AND ITS VENDORS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

Indemnification

You agree to indemnify, defend, and hold Seller, 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.

 

Termination

Seller has the right to terminate your account and access to the site for any reason, including, without limitation, if Seller, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms and Conditions (either directly or through breach of any other terms and conditions or operating rules applicable to you). Seller may, but shall be under no obligation to, provide you a warning prior to termination of your use of the site.

 

Food Substitutions

Although Seller takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. Seller is not responsible for unavailability of product due to popular demand, whether discontinued or still in production. In the completion of orders, Seller reserves the right to substitute a similar product. When making substitutions, Seller takes great care to meet the requirements of your particular program.

 

Food Liability

I hereby represent to The Nutrition Chef Corp that I am desirous of purchasing The Nutrition Chef Corp package and agree to pay for such package as set forth in the agreement, which I have signed. I further agree to use the package in accordance with the rules of The Nutrition Chef Corp

I agree that The Nutrition Chef Corp has no liability in my undertaking of the specific nutrition plans, consultations; prepared foods, body fat testing, muscle measurement supplements and cleansing, which is set forth in the agreement. I also agree to use it at my own discretion.

 

Liability Waver

All use of The Nutrition Chef Corp recipes, prepared meals and supplements shall be undertaken by The Nutrition Chef Corp clients at his/her sole risk and The Nutrition Chef Corp shall not be liable for any injuries or sickness or any damage to any client or guest or the property of any client or guest or be subject to any claim, demand, injury, or damage whatsoever, including, without limitation, those damages resulting from acts of active or passive negligence on the part of The Nutrition Chef Corp , as well as its officers, employees and agents from all such claims, demands, damages-actions or causes of action.

This agreement is the entire agreement between the client and The Nutrition Chef Corp. The Nutrition Chef Corp makes no representation or warranties, written or oral, express or implied, other than those in this Agreement, and the Client’s sole remedy in the event of a breach by The Nutrition Chef Corp shall be cancellation of this Agreement and in no event shall The Nutrition Chef Corp be liable for consequential damages. If any term of this Agreement is invalid, in whole or in part, the validity of any of the remaining terms of this Agreement shall not in any way be affected.

The failure of any part to this Agreement to insist upon strict performance of any of the provisions herein, or to exercise any option or right conferred in this Agreement, shall not be construed to be a waiver or relinquishment of any such options or right of any other covenants or agreements, but the same shall remain in full force and effect.

I have read, understood and thereby agree to the terms of this agreement and the rules of The Nutrition Chef Corp as they exist at this date and any subsequent amendments thereto.