TERMS AND CONDITIONS OF USE AGREEMENT
Last updated: April 6, 2017
This Terms and Conditions of Use of Agreement (“Agreement”) constitiutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “”you” or “customer” or “visitor”) and METABOLOGY™, LLC and its affiliated companies (collectively “Company” or “we” or “us” or “our”), concerning your access to and use of the https://www.metabology.co website as well as any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Website”). The Website provides the following service: Subscription-based healthy meal prep and delivery service (“Company Services”). Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference.
METABOLOGY™ makes no representation that the Website is appropriate or available in other locations other than where it is operated by us. The information provded on the Website is not intended for distribution to or use by any person or entitiy in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject METABOLOGY™, to any registration requirement within such jurisdiction or county. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Website or use the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATION THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.
SECTION I: OUR TERMS & CONDITIONS
- TERMS & DEFINITIONS
In this agreement, the following terms have the following definitions:
CONTENT means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
SERVICE means collectively any online facilities, tools, services, or information that METABOLOGY™, LLC makes available through the Website either now or in the future;
SYSTEM means any online communications infrastructure that METABOLOGY™, LLC makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
USER / USERS means any third party that accesses the Website and is not employed by METABOLOGY™, LLC and acting in the course of their employment; and
WEBSITE(S) means the METABOLOGY™, LLC website (www.metabology.co) or any of the METABOLOGY™, LLC social networking websites (FB, Instagram, YouTube, Pinterest, and Snapchat) and/or any sub-domains of these sites unless expressly excluded by their own terms and conditions.
- PRODUCTS OR SERVICES
We reserve the right, but are not obligated, to limit the sales of METABOLOGY™, LLC products or Services to any person, geographic region, or authority. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Some parts of the service are billed on a subscription basis (“subscription(s)”). You will be billed in advance on a recurring cycle (weekly) with a ten percent (10%) discount if you subscribe to a meal plan for an entire month.
You will be billed the full amount if you choose to order on a weekly basis.
You will be billed at a ten percent (10%) discount if you provide evidence that you are a member of law enforcement (LEO) or the military/veteran. It is up to you to provide evidence of your membership to METABOLOGY™, LLC when placing your order.
When you choose to order from one of our VENUS or MARS subscription meal plans, you will automatically be locked in for 4 (four) weeks. In these four weeks you have the possibility of pausing your plan for one time (illness, vacation, professional travels or whatever else).
For your convenience, we will automatically renew your monthly subscription unless you notify us otherwise!
If you suddenly choose to opt out of the subscription plan, per our ToS (can be found on our website) we need to be notified beforehand.
If you suddenly cancel during the middle of a plan, the discount would then no longer apply and we would charge you the difference of the original price.
Once again, this is for monthly plan subscribers only, or for those of you wanting to subscribe. The benefit of course is a 10% discount.
- ACCURACY OF BILLING AND ACCOUNT INFORMATION
METABOLOGY™, LLC reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers, or distributors.
YOU AGREE TO PROVIDE CURRENT, COMPLETE, AND ACCURATE PURCHASE AND ACCOUNT INFORMATION FOR ALL PURCHASES MADE AT OUR STORE.
YOU AGREE TO PROMPTLY UPDATE YOUR ACCOUNT AND OTHER INFORMATION, INCLUDING YOUR EMAIL ADDRESS AND CREDIT CARD NUMBERS AND EXPIRATION DATES, SO THAT WE CAN COMPLETE YOUR TRANSACTIONS AND CONTACT YOU AS NEEDED.
We bill you through an online billing account for purchases of products and/or services. You agree to pay METABOLOGY™ all charges at the prices then in effect for the products you or other persons using you billing account may purchase, and you authorize us to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges, then you consent to our charging your payment method on a recurring charge until such time as you cancel the applicable product or service. We reserve the right to correct any errors or mistakes in pricing that it makes even if we have already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by METABOLOGY™. We may change prices at any time. All payments shall be in U.S. dollars.
We take all major credit cards: Visa, MasterCard, American Express, and Discover.
- REFUND AND CANCELLATION POLICY
All orders are for a FULL WEEK. All subscriptions are for a FULL MONTH and auto-renew.
If you have chosen to subscribe to a full month plan receiving a 10% discount, you are automatically LOCKED IN for the full month.
You have the possibility of pausing your plan for one time during the month. If you do not wish to continue your subscription for the next month, please notify us via email at [email protected] by Wednesday, 11:59 PM (or any time) before the end of your monthly plan.
If you must cancel your order, please do so by Friday by 5 PM. After this time, we cannot take any cancellations. Cancellations must be communicated BY EMAIL to [email protected]
For full refund of order the cancellation policy must be met. Refund or Credit of missing items or errors occurred during delivery will be at the discretion of METABOLOGY™, LLC. The refund or credit will take effect within 48 business hours.
If, for some reason, there are extenuating circumstances that hinder you from accepting your order, you can [email protected] or call us directly at 813.419.1932. We can pause your delivery until you can receive your meal plan again.
Please note that any bags and ice packs belonging to METABOLOGY™, LLC need to be returned to METABOLOGY™, LLC, or you will be charged $15. It is your responsibility to [email protected] and set up a time for our delivery personnel to pick up the bags and ice packs.
Your meals are delivered twice weekly, on Mondays and Thursdays by 7AM in insulated cooler bags filled with ice packs. You will receive your first delivery in your cooler bag and we will replace your cooler bag and ice packs with the next delivery.
There is no sign-up fee. We do charge a $10 USD delivery fee, but if you lock in for a full month, we will waive the $10 delivery fee and also give you a 10% discount.
Upon your first meal delivery, we will leave a cooling bag with ice packs with you, and you place the empty bag outside of your door for pick-up/exchange upon delivery day.
If you fail to leave your bag out, for your second delivery (the second part of the week), nothing happens except that we will send you a short reminder. If you forget to leave your bag and ice packs out at the beginning of the new week, we will have to charge you a security deposit of $15 for your new bag.
The security deposit is returned to you if you decide to cancel your services with us and you have returned your bag and ice packs.
IF YOU FAIL TO LEAVE YOUR BAG OUT, THERE WILL BE AN EXTRA CHARGE OF $15 FOR EACH ADDITIONAL BAG.
WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE FOR ANY REASON AT ANY TIME.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by METABOLOGY™, LLC.
- LINKS TO OTHER WEB SITES
Our Service may contain links to third-party websites or services that are not owned or controlled by METABOLOGY™, LLC.
METABOLOGY™, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT METABOLOGY™, LLC SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEBSITES OR SERVICES.
- USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
- We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
- You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
- You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
- You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
- You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
You agree to indemnify, defend, protect, and hold harmless METABOLOGY™ 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 METABOLOGY™ 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 METABOLOGY™ site, products, and/or services.
- MODIFICATIONS TO THE SERVICE AND PRICES
At our discretion, we may make any modifications to the services and prices offered on our website. If this is the case, we will notify you 14 days before the next billing cycle. If you are in the middle of a subscription plan (full month with discount), nothing changes until the new month begins. If you do not agree with the modification to services and/or prices, then it is up to you, the customer (user) to cancel your subscription. METABOLOGY™, LLC SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION, OR DISCONTINUANCE OF THE SERVICE.
- PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
FOR ANY UNLAWFUL PURPOSE; TO SOLICIT OTHERS TO PERFORM OR PARTICIPATE IN ANY UNLAWFUL ACTS; TO VIOLATE ANY INTERNATIONAL, FEDERAL, PROVINCIAL OR STATE REGULATIONS, RULES, LAWS, OR LOCAL ORDINANCES; TO INFRINGE UPON OR VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS OR THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS; TO HARASS, ABUSE, INSULT, HARM, DEFAME, SLANDER, DISPARAGE, INTIMIDATE, OR DISCRIMINATE BASED ON GENDER, SEXUAL ORIENTATION, RELIGION, ETHNICITY, RACE, AGE, NATIONAL ORIGIN, OR DISABILITY; TO SUBMIT FALSE OR MISLEADING INFORMATION; TO UPLOAD OR TRANSMIT VIRUSES OR ANY OTHER TYPE OF MALICIOUS CODE THAT WILL OR MAY BE USED IN ANY WAY THAT WILL AFFECT THE FUNCTIONALITY OR OPERATION OF THE SERVICE OR OF ANY RELATED WEBSITE, OTHER WEBSITES, OR THE INTERNET; TO COLLECT OR TRACK THE PERSONAL INFORMATION OF OTHERS; TO SPAM, PHISH, PHARM, PRETEXT, SPIDER, CRAWL, OR SCRAPE; FOR ANY OBSCENE OR IMMORAL PURPOSE; OR TO INTERFERE WITH OR CIRCUMVENT THE SECURITY FEATURES OF THE SERVICE OR ANY RELATED WEBSITE, OTHER WEBSITES, OR THE INTERNET.
METABOLOGY™, LLC RESERVES THE RIGHT TO TERMINATE YOUR USE OF THE SERVICE OR ANY RELATED WEBSITE FOR VIOLATING ANY OF THE PROHIBITED USES.
- CONTENT/INTELLECTUAL PROPERTY
All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of METABOLOGY™, LLC, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable United States and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given express written permission to do so by METABOLOGY™, LLC.
Our Service allows you to post, link, store, share and otherwise make available certain information,text, graphics, videos, or other material (“Content”).
YOU ARE RESPONSIBLE FOR THE CONTENT YOU POST, AND ARE AWARE THAT WE DO NOT OFFER COMPENSATION FOR REVIEWS.
YOU ARE ALSO AWARE THAT YOUR POST IS PUBLIC AND CAN BE SEEN BY ANYONE VISITING THE SITE.
WE MAY, BUT HAVE NO OBLIGATION TO, MONITOR, EDIT OR REMOVE CONTENT THAT WE DETERMINE IN OUR SOLE DISCRETION ARE UNLAWFUL, OFFENSIVE, THREATENING, LIBELOUS, DEFAMATORY, PORNOGRAPHIC, OBSCENE, OR OTHERWISE OBJECTIONABLE OR VIOLATES ANY PARTY’S INTELLECTUAL PROPERTY OR THESE TERMS OF SERVICE.
- 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.
METABOLOGY™, LLC makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
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 Hillsborough 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 Hillsborough County, Florida 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.
- GOVERNING LAW
METABOLOGY™, LLC goods and services and these Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules.
SECTION II: OUR PRODUCTS
- OUR MEALPLANS
A meal plan consists of a total of three full meals daily. The elimination of the snacks does not constitute a reduction in costs of plan, as the snacks are complimentary. If you decide that you do not wish to receive snacks, then we will not include them in your meal package; the price of the package does not change.
The shelf-life of each meal is included on the nurtitional value label, which you can find on the top of your meal. Meals are to be consumed within four to six (4 – 6) days from delivery, by the “best before” date printed on each meal. METABOLOGY™ does not guarantee the freshness or quality of the meals after the “best before” date.
- FOOD ALLERGENS
The Food Allergen Labeling and Consumer Protection Act (FALCPA), which took effect January 1, 2006, mandates that the labels of foods containing major food allergens (milk, eggs, fish, crustacean shellfish, peanuts, tree nuts, wheat/wheat-flour, and soy).
METABOLOGY™ meals are prepared in a shared facility where some of the following food allergens are used:
- Cereals Containing Gluten
- Crustaceans, For Example Prawns, Crabs, Lobster, and Crayfish
- Nuts, Such As Almonds, Hazelnuts, Walnuts, Pecan Nuts, Brazil Nuts, Pistachio, Cashew And Macadamia (Queensland) Nuts, And Coconuts
- Celery (And Celeriac)
- Sulphur Dioxide, Which Is A Preservative Found In Some Dried Fruit
- Lupin (legume belonging to the same plant family as peanuts).
- Mollusks, For Example Clams, Mussels, Whelks, Oysters, Snails, and Squid
METABOLOGY™ meals may contain one or some of the aforementioned food allergens, as well as herbs and spices that you may be mildly to severely allergic to.
Please be extremely aware of what you are allergic to BEFORE attempting to order from METABOLOGY™. If you are allergic to one or more of the mentioned food allergens, we are not able to recommend ordering from METABOLOGY™ at this time.
- QUALITY OF PRODUCT
Our food containers are of high quality, but to ensure the quality and great taste of the food, we suggest to not freeze the meals. That is why we deliver twice a week. We want you to receive the excellent quality you deserve.
WE DO NOT, AND WILL NOT GUARANTEE THE FRESHNESS AND INTEGRITY OF OUR MEALS IF YOU FAIL TO RETRIEVE YOUR DELIVERED MEALS BY 7AM AT THE DESIGNATED DELIVERY POINT AND DAY.
- NO WARRANTIES
EXCEPT AS OTHERWISE SPECIFICALLY STATED IN THIS AGREEMENT, THE GOODS AND SERVICE ARE PROVIDED BY METABOLOGY™ 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.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a
revision is material we will try to provide at least 30 (change this) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us.
Email [email protected] or call 817.419.1932