1. Binding Agreement. These Terms and Conditions govern your use of the Metabolic Meals website (http://www.mymetabolicmeals.com) and your purchase of any Metabolic Meals foods and products, whether from the website or otherwise. By placing any order for Metabolic Meals’ products or meal plans, you agree to be legally bound by these Terms and Conditions. Metabolic Meals reserves the right, in its sole discretion to alter, amend, add, remove, or otherwise modify any portion of these Terms and Conditions at any time. By placing an order with Metabolic Meals after these Terms and Conditions have been modified, you agree to accept all such modifications to the Terms and Conditions.
2. Disclaimer. Metabolic Meals shall not be responsible or liable, under any circumstances, for any illness or health problem that may result from the consumption of its prepared foods, meals, or other products. The Metabolic Meals Program may not be appropriate for certain people including people who 1) have food allergies; 2) are under 18 years of age; or 3) suffer from a medical condition that can be adversely affected by diet. Consult your physician before altering your diet or beginning any diet, nutrition, or fitness plan offered by Metabolic Meals.
3. Not a Medical Service. Metabolic Meals does not offer medical advice, either on its website or otherwise. Consult a licensed physician or healthcare provider if you have any medical questions about any foods, products, or meal plans offered by Metabolic Meals. The Metabolic Meals Program is not offered or intended to treat, mitigate, or cure any type of disease, sickness, or weight problem and is not a substitute for sound medical advice. Nothing stated or presented by Metabolic Meals, whether on the website or otherwise, is intended to be a substitute for professional medical advice, diagnosis, or treatment.
4. Weight Loss. We do not guarantee weight loss. Weight loss will vary for each client based upon their individual weight, metabolism, age, activity level, and commitment to their plan.
5. Allergies. Metabolic Meals shall not be liable for an allergic reaction you have to any foods, products, or meal plans, purchase from or delivered by Metabolic Meals. The most common food allergens are: gluten (wheat), peanuts, soy, shellfish, dairy, eggs, nuts, and fish. Metabolic Meals uses only gluten-free, peanut-free, and soy-free facilities. Metabolic Meals uses its best effort to accommodate a shellfish allergy for its nationwide programs, though meals not containing shellfish may be prepared in a facility that otherwise prepares and handles shellfish. Metabolic Meals does not accommodate dairy, eggs, nuts, or fish allergies and Metabolic Meals foods and meal plans commonly include these ingredients. If you’re allergic to any of these items, you should know that while we make every effort not to do so, we cannot guarantee that there won’t be any cross contamination with your other meals.
6. No Warranties. EXCEPT AS OTHERWISE SPECIFICALLY STATED IN THIS AGREEMENT, THE GOODS AND SERVICE ARE PROVIDED BY METABOLIC MEALS TO YOU ON AN “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS” BASIS WITH NO WARRANTIES, EXPRESS, OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. Limitation of Liability. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY YOU TO METABOLIC MEALS. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
8. Indemnity. You agree to indemnify, defend, protect, and hold harmless Metabolic Meals and its suppliers, licensors, affiliates, shareholders, officers, directors, employees, and agents from and against any and all claims, actions, awards, demands, damages, obligations, losses, liabilities, settlements, costs, and expenses (including, but not limited to, reasonable attorneys’ fees) arising from or relating to: 1) your use of and access to Metabolic Meals programs and website; 2) your violation of any of these Terms and Conditions; and 3) your use of and consumption of any Metabolic Meals food or other products. This indemnification shall survive the termination of these terms and your use of Metabolic Meals’ site, products, and/or services.
9. Governing Law. Metabolic Meals’ goods and services and these Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of laws rules.
10. Arbitration. Every controversy arising out of, or related in any manner to, these Terms shall, on the written notice of any party, be submitted to final and binding arbitration under the Rules of Commercial Arbitration of the American Arbitration Association (“AAA”). However the parties are not required to utilize the AAA unless agreed to by both parties. The arbitration will take place in Saint Louis County and will be conducted only on an individual basis and not in a class or representative action or as a member of a class, consolidated or representative action, even if AAA’s rules provide otherwise. The arbitration shall be decided by a single arbitrator selected by the parties. If the parties cannot agree on an arbitrator, then the arbitrator shall be selected for the parties by the then presiding judge in the Saint Louis County, Missouri Circuit Court. The arbitrator shall have full authority to grant all forms of relief including any prejudgment remedies. As used in this Agreement, “any controversy” and “claims” includes, but is not limited to, claims for breach of contract, breach of the covenant of good faith and fair dealing, torts of any kind (including, but not limited to, fraud, interference with business relations, intentional conduct of any kind, and any other tort not specifically listed), and under state and federal law, statute or regulation. Arbitration will be the sole and exclusive remedy for any such controversy or claim. A demand for arbitration must be filed by a party within the applicable statute of limitation for such claims. The arbitrator shall be bound by the terms of this Agreement and shall not apply principals of ex aequo et bono.
11. Protection of Intellectual Property. Notwithstanding any provision of these Terms and Conditions to the contrary, in the event that you could be deemed to infringe or diminish Metabolic Meals intellectual property rights, including but limited to, copyright, trademark, confidential information, good will, business reputation then Metabolic Meals retains any and all rights and remedies in both law and at equity including but not limited to injunctive relief and such actions will be filed in the appropriate state or federal courts.
12. Termination. Metabolic Meals reserves the right to terminate your account and your access to the website for any reason or no reason, and without any advance notice.
13. Relationship. Neither the making of these Terms nor the performance of Terms shall be construed to constitute Metabolic Meals or you an agent, employee, or legal representative of the other party for any purpose, nor shall these Terms be deemed to establish a joint venture or partnership. Other than as set forth herein, neither party shall have any right or authority to create any obligation, warranty, representation or responsibility, express or implied, on behalf of the other party in any manner whatsoever.
14. Severability. If any provision of these Terms is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
15. Entire Agreement. These terms constitute the entire agreement between you and Metabolic Meals. Neither party shall be bound by any conditions, definitions, warranties, or representations with respect to any other terms or conditions except as expressly provided in these written terms.
16. Free Shipping. New Customers may qualify for free shipping on their first order. All subsequent orders will include standard shipping & handling charges based on delivery location.
17. Cancellation Policy. Customers may cancel the recurring payment authorization at any time by calling 855-355-MEAL (6325). Customer’s request to cancel the recurring payment authorization must be received by the Seller by 9:00 AM CST on Wednesday to prevent a charge or debit for the proceeding week’s supply of Goods. If Customer’s cancellation request is submitted after this time, the cancellation will not take effect until the following billing cycle. If Customer has elected to pay by credit card, the Customer will be bound to the terms of its agreement with its credit card issuer. If the credit card or debit card information provided by Customer is invalid, or the charge or debit is otherwise declined for any reason, payment terms shall automatically be deemed to be COD.
18. Alabama Customers. Seller has collected the simplified sellers use tax on taxable transactions delivered into Alabama and the tax will be remitted on the customer’s behalf to the Alabama Department of Revenue. Seller’s program account number is SSU- R010238370.
19. Tax Policy. Items sold on our website and shipped to locations within the U.S. may be subject to tax. Many state laws require that we charge sales tax on the full amount of the order. If an item is subject to sales tax in the state to which the order is shipped, tax is generally calculated on the selling price of each individual item and depending on the state, tax may also be calculated on the shipping charge.