TERMS OF SERVICE
Last Updated: September 1, 2020
This website is operated by Vitality Fit Kitchen LLC. Throughout this site, the terms “we,” “us” and “our” refer to Vitality Fit Kitchen LLC. Vitality Fit Kitchen LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting this site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of this site, including, but not limited to users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
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 us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - NUTRITION INFORMATION
Please be aware that the nutritional information on this site reflects recent updates to meals based on evolving ingredients. The nutritional information for meals at the time of their preparation is reflected on the labels of their respective meal containers. Vitality Fit Kitchen LLC does not guarantee the accuracy of any nutritional information provided for any of its meals. Vitality Fit Kitchen LLC is not and will not be responsible for any loss, injury or damage resulting for your reliance on nutritional information. Furthermore, Vitality Fit Kitchen LLC is not and will not be responsible for your failure to ensure that whatever foods you purchase and/or consume are in accordance with your respective dietary needs, restrictions or preferences. Please note that excluding categories from your respective profile does not and will not guarantee that your meals will exclude certain ingredients which may contain those products. Please carefully and thoroughly read all of the ingredients associated with any and all products that you purchase and/or consume from Vitality Fit Kitchen LLC to avoid potential allergic reactions. Do not consume the product(s) if any of the listed ingredients may pose a health risk to you, whether minor or severe. If you have or suspect that you have an allergic reaction or other adverse health event, contact your health care provider immediately.
The content contained on Vitality Fit Kitchen LLC website and respective platforms may contain recipes, recommendations, advice and food products that contain various ingredients. You should consult with your physician or other healthcare professional before adopting any advice or recommendations or partaking in any dietary options, whether offered by and through Vitality Fit Kitchen LLC or otherwise. The advice, recommendations or dietary options may include ingredients that you are allergic to. Please carefully and thoroughly read all of the ingredients associated with any and all advice, recommendations or dietary options from Vitality Fit Kitchen LLC to avoid potential allergic reactions. Do not consume the product(s) if any of the listed ingredients may pose a health risk to you, whether minor or severe. If you have or suspect that you have an allergic reaction or other adverse health event, contact your health care provider immediately.
SECTION 4 - DELIVERY
You are solely responsible for inspecting all products you receive from Vitality Fit Kitchen LLC for all issues, including, but not limited to damage, freshness and cooking temperature. Vitality Fit Kitchen LLC recommends that you use a food thermometer to ensure that temperature of any meat, poultry or seafood is fit for human consumption. If you believe for any reason that product(s) you received are unfit for human consumption, do not consume the product(s) and contact us within twenty-four (24) hours of delivery or your claim shall be waived. Vitality Fit Kitchen LLC is not and will not be responsible for any damages that arise from your consumption of any product(s), including but not limited to any injuries or death.
To maintain the quality and integrity of the product(s), Vitality Fit Kitchen LLC recommends that you immediately refrigerate all perishable products upon delivery and follow the United States Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety. We also recommend that you follow the USDA's instructions on safe food handling. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. Additionally, pregnant women, young children, elderly persons and individuals with compromised immune systems should follow the United States Food and Drug Administration’s recommendations on food consumption for at-risk groups.
If you are not at home when your meal delivery arrives, the courier will generally leave the package for you at your door. Our meal ingredients are packaged with insulated liners and gel packs and will typically remain cold and fresh for several hours, but depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for immediate and proper storage of your meal or product prior to consumption. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your order, we will attempt to deliver your order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. If timely delivery of your product is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.
SECTION 5 - FOOD SUBSITIUTION POLICY
Vitality Fit Kitchen LLC takes every reasonable measure to have sufficient inventory to fill your order. Please be aware that availability of product(s) may change without notice. Vitality Fit Kitchen LLC is not responsible for the unavailability of product(s) due to popular demand, nationwide shortage or other reason, whether foreseen or unforeseen.
When completing orders, Vitality Fit Kitchen LLC reserves the right to substitute a similar product using its singular discretion. Substituted products may contain different ingredients and allergens than those items originally ordered. Please carefully and thoroughly read all of the ingredients associated with any and all products that come from Vitality Fit Kitchen LLC, including new and improved items and substituted items. Do not consume the product(s) if any of the listed ingredients may pose a health risk to you, whether minor or severe. If you have or suspect that you have an allergic reaction or other adverse health event, contact your health care provider immediately.
Please note that Vitality Fit Kitchen LLC food items may contain or may have been manufactured in a facility that also processes the following: dairy, eggs, wheat, soy, tree nuts, peanuts, fish, and shellfish.
SECTION 6 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 7 - MODIFICATIONS TO THE SERVICE AND PRICES
Vitality Fit Kitchen LLC reserves the right to change the price of any and all of its products, including, but not limited to food items, meal plans, advice, recommendations, and dietary options. All prices are subject to change without notice and are not guaranteed, except for an order that has already been accepted by Vitality Fit Kitchen LLC.
SECTION 8 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. 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.
SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve 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. In the event that 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, resellers 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.
For more detail, please review our Returns Policy.
SECTION 10 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through this site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 11 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 12 - 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.
We may, but are not obligated 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.
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.
Personal Identification Information
Vitality Fit Kitchen LLC may collect personal identification information from users in a variety of ways, including, but not limited to visiting this site, registering on this site, placing an order, and in connection with other activities, services, features or resources we make available on this site. When appropriate, users may be asked for name, email address, mailing address, phone number, and payment information. Users may visit this site anonymously if one so chooses. Vitality Fit Kitchen LLC collects the aforementioned information, among other pertinent personal identification information, only when voluntarily submitted by users. Users reserve the right to refuse to supply personal identification information, except that it may prevent them from engaging in certain site related activities.
Non-Personal Identification Information
Vitality Fit Kitchen LLC may collect non-personal identification information from users whenever they interact with this site. Such information may include the browser name, type of computer, technical information, operating system and other similar information about users means of connection to this site.
Vitality Fit Kitchen LLC collects device information including, but not limited to the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the site.
- “Embedded scripts” are programming codes designed to collect information about your interactions with the site.
Sharing Your Personal Information
Vitality Fit Kitchen LLC does not sell, trade or rent your personal identification information to others. We may share generic demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the following purposes, including, but not limited to:
- To advertise with third parties
- To run and operate this site
- To improve customer service
- To personalize experience
- To process payments
- To send emails
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, but not limited to pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 - 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: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not guarantee, represent or warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Vitality Fit Kitchen LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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, our liability shall be limited to the maximum extent permitted by law.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Vitality Fit Kitchen LLC and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using this site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Doylestown, Bucks County, Pennsylvania, United States.
SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us directly at email@example.com.