Last Updated: October 5, 2017
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AND THE PRODUCTS, SERVICES AND SUBSCRIPTIONS PURCHASED AND ARE AVAILABLE THROUGH THE WEBSITE. THESE TERMS AND CONDITIONS REQUIRE YOU ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
Personal Trainer Food 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 website. 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 website.
By registering to use the website, you represent and warrant that you have reached the age of majority where you are a legal resident. You further represent and warrant that that you have the legal capacity to accept these Terms and Conditions, and to use the website in accordance with these Terms and Conditions.
The Content on this website and any information (including, but not limited to: newsletters, social media, images, emails, online chats, and telephone calls, herein referred to as ‘information’) provided by Personal Trainer Food, its agents, employees, attorneys, or representatives, is provided for informational purposes only, and is not intended to be a substitute for professional medical advice.
This dietary program is not sold for use by children under the age of 18. The dietary needs of minor children are different than adults. You should consult your physician or other qualified health provider before beginning this or any other dietary program. At any time you have questions regarding a medical condition, you should seek the advice of your physician or other qualified health care provider.
None of the contents of this website or any information provided by Personal Trainer Food are intended to be relied upon for medical advice, treatment or diagnosis. Any opinions expressed on this website or any information provided by Personal Trainer Food, are solely the opinions of the authors. Personal Trainer Food, their affiliated companies nor any of their employees assumes any liability for the contents of any materials provided on the website or any information provided by Personal Trainer Food. Reliance upon any opinion or advice provided on the website, via telephone, online chat, or email is at your own risk.
Personal Trainer Food makes every attempt to provide accurate nutrition and ingredient information for every product on our menu. We take food safety very seriously; however, there is always a risk of cross-contamination. There is also a possibility that manufacturers of the commercial foods we use could change the formulation at any time, without notice.
Please be aware that our facility handles nuts and foods that may contain nuts or nut oils.
Customers concerned with food allergies need to be aware of these risks and understand that the consumption of foods provided by Personal Trainer Food is at their own risk.
Nutritional information and complete ingredients lists for each item on the menu can be found at: www.PersonalTrainerFood.com/Nutrition
You may also request a copy of our current nutrition information be sent to you via email, fax, or postal mail by contacting support at: CustomerSupport@PersonalTrainerFood.com
Although Personal Trainer Food takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. Personal Trainer Food is not responsible for unavailability of product due to popular demand, whether discontinued or still in production. In the completion of orders, Personal Trainer Food reserves the right to substitute a similar product. When making substitutions, Personal Trainer Food takes great care to meet the requirements of your particular Personal Trainer Food program.
Except when we offer you the opportunity to add additional items ala carte to your program, we limit product selection to 10 or 20 units per item based on the meal plan selected. Exceptions to these limits may be possible on a case-by-case basis including if we offer our products for sale on an ala carte basis; requesting such an exception will void the Money Back Guarantee.
You acknowledge that telephone calls to or from Personal Trainer Food may be monitored and recorded and you agree to such monitoring and recording. You verify that any contact information provided to Personal Trainer Food, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber of any telephone number that you provide to us. Should you change any of your contact information, including telephone numbers, you agree to notify us before the change goes into effect by emailing us at email@example.com. You further agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from failure to update your contact information (including your telephone number), your voluntary provision of a telephone number that is not your own, and/or from your violation of any federal, state or local law, regulation or ordinance.
You acknowledge that by voluntarily providing your telephone number(s) to Personal Trainer Food, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages from us related to our promotions, your account, any transaction with us, and/or your relationship with Personal Trainer Food. These telephone calls and text messages may include, for example, food delivery and shipping notifications, changes to your account, and account collections. You agree to receive calls and text messages even if you cancel your account or terminate your relationship with us, except if you opt-out , as provided below. Consent to receive promotional automated calls/texts is not a condition of purchasing any goods or services. These calls or text messages may be made even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls or text messages by your telephone carrier and that Personal Trainer Food is not responsible for these charges. Participating carriers include AT&T, Verizon Wireless, Sprint, T-Mobile, Cricket, U.S. Cellular, MetroPCS, Alltel, Boost Mobile, and Virgin Mobile.
You may opt-out of automated calls or text messages at any time. To opt-out of text messages, text STOP to any text message you receive. For help, text HELP. You acknowledge and agree to accept a final text message confirming your opt-out. To opt-out of automated telephone calls (but not text messages), email CustomerSupport@PersonalTrainerFood.com or call 1-800-273-1686 x2. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls, we reserve the right to make non-automated calls to you relating to your account, any transaction, or your relationship with us. Your obligations under this Section will survive termination of these Terms and Conditions.
Unless otherwise stated in an offer terms and conditions, promotional codes, discounts, or vouchers are only accepted on twenty-eight (28)-day meal plans, and may not be applied to any subscription plans. We reserve the right from time to time to offer promotional codes and discounts on plans, in our sole discretion.
Personal Trainer Food allows only one (1) promotional code, allowance or discount per order. If we determine that more than one promotional code has been applied to the cost of an order, we reserve the right to charge the purchasing customer any fees which make up the correct balance after one promotional code has been applied.
Personal Trainer Food also reserves the right, at its sole discretion, to cancel any promotional code without notification.
It is your sole responsibility to contact Personal Trainer Food regarding the cancellation of any order placed with a promotional voucher code ("Voucher") purchased from a third party. Requesting and/or receiving a refund of your Voucher from the party it was purchased from is NOT considered an order cancellation, and your order may still be shipped.
Should you receive a refund for a Voucher without cancelling your order with Personal Trainer Food, we reserve the right to bill alternative forms of payment for the balance which makes up the full order total.
A. Generally. Prior to the purchase of any products or subscriptions from us, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge your card or otherwise use a valid promotional code. By submitting that information to us or our third party credit card processor, you agree that you authorize us and/or our processor to charge your card at our convenience but within thirty (30) days of credit card authorization. For any product or website that you order on the website, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order. Personal Trainer Food will automatically bill your credit card or other form of payment submitted as part of the order process for such price.
B. Free Trials/Promotional Offerings. We may offer promotional trial subscriptions to access our plans for free for a limited time or at special discounted prices. If you sign up for a trial use, your rights to the plan are limited by the terms of such trial and will terminate or renew on the terms of your trial arrangement. Please be aware that when you sign up for a free trial, you will be required to provide your credit card number and Personal Trainer Food will confirm your credit card is valid. When we process your credit card, some credit card companies may place a temporary hold on your account for your first payment. Please contact your credit card company if you have questions. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.
C. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Personal Trainer Food reserves the right at any time after receipt of your order to accept or decline your order for any reason. Personal Trainer Food further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Personal Trainer Food upon our delivery of products or services that you have ordered.
We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with Personal Trainer Food has been effected until you receive a confirmation from Personal Trainer Food via email or the website. As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your account was received.
D. No Responsibility to Sell Mispriced Products or Services. We do our best to describe every item, product or service offered on this website as accurately as possible. However, we are human, and therefore we do not warrant that specifications or pricing on the website is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, Personal Trainer Food shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge.
Personal Trainer Food reserves the right, without limitation, in its sole discretion, to determine who qualifies for our 100% "Money Back Guarantee" offer.
The Money Back Guarantee applies only to 28-day meal plans. Subscription plans or 14-day meal plans do not qualify for the Money Back Guarantee. Orders shipped to businesses do NOT qualify for the Money Back Guarantee due to the perishable nature of our product, and we reserve the right to charge increased delivery/shipping rates for delivery to businesses.
Personal Trainer Food will issue a maximum of one (1) refund per customer or household. Only the FIRST order placed per customer or household qualifies for the Money Back Guarantee. Subsequent orders do NOT qualify for the Money Back Guarantee.
To qualify for a refund, the following two (2) criteria must be met:
All delivery dates are estimated. Personal Trainer Food strives to meet your selected delivery date; however, Personal Trainer Food cannot guarantee delivery on the exact date selected.
If the shipping address on your order is incorrect or is a business address, the money back guarantee will NOT apply to the order but you are still able to purchase from the us. Personal Trainer Food is not responsible for orders undeliverable, lost, or delayed as a result of an incorrect or business address on the order.
Personal Trainer Food is not responsible for orders lost or stolen after any delivery service confirms delivery of the shipment.
If your order will be shipped to an apartment, gated community, secure or limited access building, or any address with package reception services, such as a business, it is your responsibility to understand how deliveries are made to the selected address. Be aware that the carrier’s delivery driver may deliver the package to an office or other location that accepts deliveries without first attempting to deliver to your door. It is up to you to monitor the tracking information for your order and to check for delivery at any location that accepts deliveries within their hours of operation.
Personal Trainer Food is not responsible for failed delivery if the delivery service’s attempts delivery on the date you selected and confirmed at the time you place your order.
Delivery changes requested after your order has been sent to our warehouse for fulfillment are not guaranteed and will void the Money Back Guarantee. This includes, but is not limited to: address changes or corrections, changes to the estimated delivery date, or delivery customization requests submitted to the delivery service (including requesting the package to be held for pickup or scheduling a delivery time-frame).
Electing to refuse delivery of your shipment is at your own risk and is NOT considered an order cancellation or refund request. Personal Trainer Food is not responsible for the return shipment and bears no responsibility for refused orders.
If your refused shipment is returned to Personal Trainer Food AND your order qualifies for the Money Back Guarantee, Personal Trainer Food will issue a refund of the original purchase amount LESS the return shipping charges incurred by the delivery refusal and the original shipping cost of the order.
If your refused shipment is not returned to Personal Trainer Food OR your order does NOT qualify for the Money Back Guarantee, no refund will be issued.
Personal Trainer Food strives to fill every order as accurately as possible. In the rare event that you are missing items from your order or an item is received damaged, we will gladly work with you on a solution. You have five (5) days from the date your order was delivered to notify us of any such discrepancies. The date that the delivery service confirms delivery is considered Day 1.
Resolutions available are determined on a case-by-case basis and at the sole discretion of Personal Trainer Food. Depending on the nature of the discrepancy, resolutions may include, but are not limited to, the following: a) adding replacements for the items to the next order you place, b) issuing a partial refund or credit for the value of the items, or c) replacement of the items in an immediate replacement order.
Completing your order confirms that you agree to the following: 1) you have reviewed your address, estimated delivery date and our Terms and Conditions; and 2) you agree that your order is ready to be shipped. Orders may be sent to our warehouse for fulfillment immediately after they are confirmed. For this reason, it may not be possible to change or cancel your order regardless of the time that your change or cancellation request is received.
Personal Trainer Food will make reasonable accommodation to honor your request when possible; however, changes or cancellations are not guaranteed.
For information on cancelling a subscription plan, click here.
Personal Trainer Food reserves the right, without limitation, in its sole discretion, to change the prices at any time and with no notice. Personal Trainer Food does not offer price matching or price adjustments on any orders. The purchase of products and services on the website is subject to availability. PRODUCTS AND SERVICES DISPLAYED ON THE WEBSITE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. PERSONAL TRAINER FOOD RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE WEBSITE OR BY E-MAIL DELIVERY TO YOU.
You must have internet access and provide us with both: a current, valid, accepted method of payment (“Payment Method”); and a valid email address to sign up for a subscription plan.
When you sign up for a subscription, you are enrolled to receive ongoing shipments every two (2) weeks (“Biweekly Delivery”) and your Payment Method will be automatically billed according to the Billing Cycle below.
Except in the event of a free trial offer, your subscription will commence as of the date your payment for a subscription is received by Personal Trainer Food. Your subscription will continue in full force for the length of the term you specifically purchased (e.g., one (1) year or on a month-to-month term) until such time as the user cancels the subscription as further explained below (the “Subscription Term”). In the event that a user cancels a subscription plan in the middle of their Subscription Term, the member will not be entitled to receive a refund for the unused portion of the remainder of that Subscription Term. Personal Trainer Food will have the right, upon written notice to user, to terminate this Agreement, and suspend a member’s access to their plan, if: (a) user fails to pay Personal Trainer Food any amount due to Personal Trainer Food under these Terms and Conditions; and/or (b) the subscriber materially breaches any term or condition of these Terms and Condition. Personal Trainer Food shall have the right to terminate these Terms and Condition and suspend a subscriber’s access to the their subscription plan with or without cause, upon thirty (30) days written notice to user in which case user will no longer be charged for access to the subscription. Upon the expiration or termination of these Terms and Conditions for any reason, subscriber’s access to, and use of, their subscription will terminate.
Unless noted at the time of purchase your subscription will automatically renew at the end of your Subscription Term continuously and indefinitely without action by the member, and the membership fee is charged to the member at the time of renewal. A customer whose subscription fee has been paid is entitled to all privileges included in the plan until the plan is cancelled by the enrolled subscriber as set forth in the paragraph below. By providing your payment method information for your subscription plan, you are agreeing to pay a subscription fee, that will automatically renew, at the then current rate, unless you cancel prior to the expiration of the current Subscription Term, and any applicable taxes and service fees (collectively, “Fees”). The Fees will be charged to your original payment method automatically at the beginning of your Subscription Term, and at the beginning of each renewal Subscription Term thereafter on the calendar day corresponding to the commencement of your current Subscription Term, unless you cancel your subscription or your account is suspended or terminated pursuant to this Agreement. The renewal Subscription Term will be the same length as your initial Subscription Term unless otherwise disclosed to you at the time of sale. The rate for the renewal Subscription Term will be the then current subscription-rate. The Fees charged to your payment method may vary from Subscription Term to Subscription Term due to changes in your subscription plan or applicable taxes, and you authorize Personal Trainer Food to charge your payment method for these amounts. Personal Trainer Food reserves the right to change the pricing of subscription at any time. In the event of a price change, Personal Trainer Food will post the new pricing on the website and attempt to notify you in advance by sending an email to the address you have registered for your account. You agree that we may change the pricing we charge you for your subscription and any products/websites offered in your subscription plan by providing you with notice through an electronic communication from us and 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. You consent to our ability to change our pricing and the details of our subscription packages through an electronic communication to you. If you do not wish to accept a price or subscription plan change made by us, you may cancel your subscription as described below, otherwise you will be deemed to have consented to the price/subscription package change and authorize Personal Trainer Food to charge the new Fees to your payment method. If there are any discrepancies in billing, you hereby waive your right to dispute such discrepancies if you do not notify Personal Trainer Food within sixty (60) days after they first appear on an account statement.
To change your subscription plan, including your meal program selection, contact Customer Support at 1-800-273-1686 x2.
Providing a full and accurate email address to receive notifications is your responsibility. In the event that the email address provided is inaccurate or outdated, you will not receive notifications regarding your subscription plan. Personal Trainer Food is not liable for any fees or missed notifications incurred due to undelivered email communication.
YOU MAY CHANGE OR UPDATE YOUR EMAIL ADDRESS BY CALLING CUSTOMER SUPPORT AT 1-800-273-1686 x2.
You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. Your liability for such activities shall continue after termination of your subscription plan.
We may offer a number of subscription plans, including subscription plans with differing conditions and limitations. Any materially different terms from those described here will be disclosed at your sign-up or in other communications made available to you.
You can find specific details regarding your Subscriptions plan by visiting our website and logging into your account, or by contacting Customer Support at 1-800-273-1686 x2.
We reserve the right to modify, terminate, or otherwise amend our offered subscription plans.
You may reschedule or skip a biweekly delivery up to 4 days before the shipment of your next biweekly delivery by contacting customer support at 1-800-273-1686 x2.
Personal Trainer Food strives to fill every order as accurately as possible. In the rare event that you are missing items from your order or an item is received damaged, we will gladly replace those items by shipping them with your next scheduled biweekly delivery.
You have five (5) days from the date your order was delivered to notify us of any such discrepancies. The date that the delivery service confirms delivery is considered Day 1.
By starting a subscription plan, you authorize us to charge you a biweekly fee at the then current rate for your selected plan (this amount is disclosed to you at the time of enrollment) and any other charges you may incur in connection with your use of the Personal Trainer Food service to your Payment Method in one or more charges.
When you begin a subscription plan, you will be billed for your first delivery at the time of enrollment.
After your first delivery, your payment method will be automatically billed 3 days prior to the shipment of each subsequent Biweekly Delivery thereafter, unless and until your subscription plan is cancelled (see “Cancellation” below). All fees are fully earned upon payment.
We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. Additionally, we may authorize your Payment Method in anticipation of subscription plan or service-related changes.
You are responsible for providing a current, valid, accepted Payment Method. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms and Conditions to determine your rights and liabilities as a cardholder. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT PERSONAL TRAINER FOOD, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Personal Trainer Food of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Personal Trainer Food does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Personal Trainer Food or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Personal Trainer Food shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription plan (see “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing your Payment Method, as it may be updated. This may result in a delay of your shipment and/or a change to your payment billing dates.
YOU MAY EDIT YOUR PAYMENT METHOD BY CALLING CUSTOMER SUPPORT AT 1-800-273-1686 X2.
We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion.
We will notify you via email prior to any price changes to your service.
Promotional codes, discounts, or vouchers (whether current or expired) may not be used on subscription plans.
You may cancel your subscription plan enrollment at any time as outlined below.
To cancel your subscription plan, you must call Personal Trainer Food at 1-800-273-1686 x2 during business hours and speak to a representative at least ten (10) days prior to your next scheduled delivery date. Cancellation requests are ONLY accepted via phone by speaking to a representative during Personal Trainer Food’s business hours; requests via email, voicemail, postal mail, or any other means cannot be processed.
Requests received less than ten (10) days prior to your next delivery date will not take effect until the following billing/delivery cycle.
Your subscription plan may be cancelled at any time as described under “Cancellation” above. subscription plans are not eligible for returns, refunds, or exchanges. The Money Back Guarantee does not apply to subscription plans.
Please contact our customer support at 1-800-273-1686 x2 if there is anything at all that we may assist with to help you enjoy your Personal Trainer Food subscription plan. We are happy to help!
The website is a comprehensive weight loss website designed to teach you the skills to lose weight and maintain your weight loss. Nothing contained on the website is intended to be instructional for medical advice, diagnosis, or treatment. You agree not to use a Personal Trainer Food program if you are (a) pregnant, (b) nursing, (c) under 18 years of age, (d) anorexic or bulimic, or (e) allergic to peanuts. Please consult your physician before beginning a Personal Trainer Food program, or any other weight loss program. If there is a change in your medical condition, you must immediately notify your counselor.
When you sign up to use the website and create an account, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password. And you are entirely responsible for all activity made by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify, defend and hold harmless Personal Trainer Food for losses incurred by Personal Trainer Food or another party as a result of your failure to use reasonable care to safeguard your account. Sharing your password with third parties may be construed as failing to safeguard your account.
A. Content. The website contains a variety of: (i) materials and other items relating to Personal Trainer Food, Personal Trainer Food’s products and services, and similar items from our licensors and other third parties, including all layout, information, articles, reviews, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the website, and the compilation, assembly, and arrangement of the materials of the website and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, website marks, and/or trade identities of various parties, including those of Personal Trainer Food (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
B. Ownership. The website (including past, present and future versions) and the Content are owned or controlled by Personal Trainer Food and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the website is the property of Personal Trainer Food or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, or other intellectual property and unfair competition rights and laws to the fullest extent possible. Personal Trainer Food owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the website.
C. Limited License. Subject to your strict compliance with these Terms, Personal Trainer Food grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Personal Trainer Food’s sole discretion, and without advance notice or liability.
D. Rights of Others. When using the website, you must respect the intellectual property and other rights of Personal Trainer Food and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
A. Website Use Restrictions. You agree that you will not: (i) use the website for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the website that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Personal Trainer Food; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any website source or object code or any software or other products, websites, or processes accessible through any portion of the website; (v) engage in any activity that interferes with a user’s access to the website or the proper operation of the website, or otherwise causes harm to the website, Personal Trainer Food, or other users of the website; (vi) interfere with or circumvent any security feature of the website or any feature that restricts or enforces limitations on use of or access to the website or the Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the website, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the website, other computer systems or networks connected to the website, through password mining or any other means; or (ix) otherwise violate these Terms and Conditions.
B. Content Use Restrictions. You also agree that, in using the website: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the website by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, websites, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of an officer of Personal Trainer Food or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
C. Availability of Website and Content. Personal Trainer Food may immediately suspend or terminate the availability of the website and Content (and any elements and features of them), in whole or in part, for any reason, in Personal Trainer Food’s sole discretion, and without advance notice or liability.
D. Reservation of All Rights Not Granted as to Content and Website. These Terms include only narrow, limited grants of rights to Content and to use and access the website. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Personal Trainer Food and its licensors and other third parties. Any unauthorized use of any Content or the website for any purpose is prohibited.
The website contains various pages where you and other members may post content. You may only post content to the website that you created or which the owner of the content has given you permission to post. You may not post or distribute content that is illegal, is an activity prohibited on this website, or that violates these Terms and Conditions. By posting or distributing content to the website, you represent and warrant that: (a) you own all the rights to the content or are authorized to use and distribute the content to the website; and (b) the content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.
By submitting or posting content to the website, you grant Personal Trainer Food, its parent, affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide license and right to reproduce display, perform, distribute, adapt, and promote this content in any medium and manner. In order to further effect the rights and license that you grant to Personal Trainer Food to your content, you also grant to Personal Trainer Food, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any content, even if it is altered or changed in a manner not agreeable to you. Once you submit or post content to the website, Personal Trainer Food does not need to give you any further right to inspect or approve uses of such content or to compensate you for any such uses. Personal Trainer Food owns all right, title, and interest in any compilation, collective work or other derivative work created by Personal Trainer Food using or incorporating content posted to the website.
You agree that: (a) your content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned; and (b) Personal Trainer Food does not assume any obligation of any kind to you or any third party with respect to your content. In your communications with Personal Trainer Food, please keep in mind that we do not seek any unsolicited ideas or materials for products or websites, or even suggested improvements to products or websites, including, without limitation, ideas, concepts, inventions, or designs for websites, websites, products or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the website are deemed content and licensed to us as set forth above. In addition, Personal Trainer Food retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Personal Trainer Food’s receipt of your Unsolicited Ideas and Materials is not an admission by Personal Trainer Food of their novelty, priority, or originality, and it does not impair Personal Trainer Food’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
You should carefully choose the information you post on the website. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, or otherwise objectionable subject matter. You are solely responsible for anything you may post on the website and the consequences of posting anything on the website.
Personal Trainer Food is not responsible for, and does not endorse, content in any posting made by other users on the website. You are solely responsible for your reliance on anything posted by another member on the website. Under no circumstances shall Personal Trainer Food be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance of any content posted by a third party on the website. If you become aware of misuse of the website by any person, please contact Personal Trainer Food by email at: firstname.lastname@example.org.
If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. You should contact your doctor before following any diet or exercise advice posted by any member on the website.
The following is a partial list of the kinds of conduct that are illegal or prohibited on the website.
Personal Trainer Food reserves the right to investigate and take appropriate legal action against anyone who, in Personal Trainer Food's sole discretion, engages in any of the prohibited activities. Prohibited activities include-but are not limited to-the following:
Personal Trainer Food reserves the right-but is not obligated-to do any or all of the following:
If you believe any materials accessible on or from the website infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting Personal Trainer Food (as set forth below) and providing the following information:
Send this information by mail to:
Personal Trainer Food
ATTN: Legal Administration
350 Garden Acres Dr.
Fort Worth, TX 76140
or by e-mail to email@example.com
In an effort to protect the rights of copyright owners, Personal Trainer Food maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the website who are repeat infringers.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules.
Certain portions of this Section entitled “Dispute Resolution” are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Personal Trainer Food agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
A. First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the website, the products or services purchases on the website, the Content, your content, or these Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Personal Trainer Food’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section D, then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such contact information exists or if such information is not current, then we have no obligation under this Section A. Your notice to us must be sent to: Personal Trainer Food, Inc., Attn: Chief Executive Officer/President, 350 Garden Acres Dr., Fort Worth, TX 76140. For a period of sixty (60) days from the date of receipt of notice from the other party, Personal Trainer Food and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Personal Trainer Food to resolve the Dispute or Excluded Dispute on terms with respect to which you and Personal Trainer Food, in each of our sole discretion, are not comfortable.
B. Binding Arbitration. If we cannot resolve a Dispute as set forth in Section A (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND PERSONAL TRAINER FOOD MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE WEBSITE (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT - INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FRAUD, ANY OTHER INTENTIONAL TORT OR COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY - AND WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS. The Federal Arbitration Act (“FAA”) shall govern the arbitrability of all disputes between Personal Trainer Food and you regarding these Terms and the website, including the No Class Action Matters section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.
A Dispute will be resolved solely by binding arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”), in accordance with the then-current streamlined Arbitration Rules and Procedures (“Rules”) of, or by any other arbitration administration services that you and an officer or legal representative of Personal Trainer Food consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable Rules; but if applicable Rules or laws require Personal Trainer Food to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then Personal Trainer Food will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply and be bound by these Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. Issues relating to the enforceability of the arbitration and class action waiver provisions contained herein are for the court to decide.
C. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION A WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth above in Section A; (b) filing for arbitration with JAMS as set forth in Section B; or (c) filing an action in state or Federal court. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to the Disputes.
D. Injunctive Relief. The foregoing provisions of this Section will not apply to any legal action taken by Personal Trainer Food to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the website, any Content and/or Personal Trainer Food’s intellectual property rights (including such Personal Trainer Food may claim that may be in dispute), Personal Trainer Food’s operations, and/or Personal Trainer Food’s products or services.
E. No Class Action Matters. YOU AND PERSONAL TRAINER FOOD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section B to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section F. Notwithstanding any other provision of this Section, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
F. Federal and State Courts in Ft. Worth, Texas. Except where arbitration is required above, small claims actions, or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in Ft. Worth, Texas. Accordingly, you and Personal Trainer Food consent to the exclusive personal jurisdiction and venue of such courts for such matters.
G. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.
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. That is, terms found to be invalid may be severed.
The website and the Content are provided on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, PERSONAL TRAINER FOOD, 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. Personal Trainer Food makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the website.
Personal Trainer Food cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Personal Trainer Food cannot and does not guarantee or warrant that files available for downloading from this website will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties.
Personal Trainer Food cannot and does not guarantee or warrant that any content you post on the website will remain on the website. Personal Trainer Food does not warrant or guarantee that the functions or services performed on the website will be uninterrupted or error-free or that defects in the website will be corrected.
PERSONAL TRAINER FOOD'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH PERSONAL TRAINER FOOD IS TO DISCONTINUE YOUR USE OF THE WEBSITE. PERSONAL TRAINER FOOD AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE. 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 PERSONAL TRAINER FOOD 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, PERSONAL TRAINER FOOD'S AND ITS VENDORS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT WILL PERSONAL TRAINER FOOD’S TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE AND YOUR RIGHTS UNDER THESE TERMS AND CONDITIONS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID PERSONAL TRAINER FOODS IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
You agree to indemnify, defend, and hold Personal Trainer Food, its officers, directors, employees, agents, attorneys, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, injuries (up to and including bodily injury and death), and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, (i) your violation or alleged violation of these Terms and Conditions; (ii) your use of the website and your activities in connection with the website, including, without limitation, any transaction entered into by you through your use of the website; (iii) your consumption of the food purchased through the website and any third party who consumes the food because you provided it to them, including injuries (including bodily injuries and death) suffered by you or such third parties; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the website or your activities in connection with the website (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any other party’s access and/or use of the website with your account (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Personal Trainer Food in the defense of any Claim and Losses. Notwithstanding the foregoing, Personal Trainer Food retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. Personal Trainer Food reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Personal Trainer Food.
Personal Trainer Food has the right to terminate your account and access to the website for any reason, including, without limitation, if Personal Trainer Food, 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).
Personal Trainer Food may provide you a warning prior to termination of your use of the website, but shall be under no obligation to do so.
Personal Trainer Food may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the website, or by written communication delivered by first class U.S. mail to your address on record in your Personal Trainer Food account. You may give notice to Personal Trainer Food at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
Personal Trainer Food, Inc.
Attn: Chief Executive Officer/President
350 Garden Acres Dr.
Fort Worth, TX 76140
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet website provider, mobile website, and other websites needed for your access to and use of the website and you will be responsible for all charges related to them.