Personal Trainer Food Terms and Conditions

Your Agreement to Terms & Conditions

By registering for or using the website, you agree to these Terms and Conditions and Personal Trainer Food, LLC (Personal Trainer Food) Privacy Policy. Each time you use the website, you reaffirm your acceptance of the then-current Terms and Conditions. You cannot register or use the website until you have accepted these Terms and Conditions.

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.

Eligibility

By registering to use the website, you represent that you have reached the age of majority where you live. You further represent 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.

DISCLAIMER; NO MEDICAL ADVICE PROVIDED

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.

Food Allergy Disclaimer

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

Food Substitutions

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.

Food Limits Per Item

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; requesting such an exception will void the Money Back Guarantee.

Mobile Phone Numbers, Agreement to SMS/Text Messages

By providing a mobile phone number with your order, you agree that Personal Trainer Food may send you SMS/text message notifications and/or special offers. Standard message rates apply.

Promotional Codes

Promotional codes, discounts, or vouchers are only accepted on 28-day meal plans, and may not be applied to any Subscription Plans.

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.

Money Back Guarantee

Personal Trainer Food reserves the right without limitation, in its sole discretion, to determine who qualifies for our 100% Money Back Guarantee.

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 the increased delay rates of FedEx Home 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:

1.       A refund request must be received via email to refunds@personaltrainerfood.com within five (5) days of receiving delivery. The date that FedEx confirms delivery is considered Day 1. Personal Trainer Food will honor an email received on a weekend, holiday, or outside of business hours.

2.       Unused food must be shipped back to our warehouse at the expense of the customer before a refund will be issued. Return shipment must use a reputable carrier with a valid tracking number, be packed in the original cooler box (or another container of adequate quality), and be received at our warehouse within 15 days of the date the order was delivered. The date that FedEx confirms delivery is considered Day 1.

Delivery

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. 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 FedEx 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, it is your responsibility to understand how deliveries are made to the selected address. Be aware that the FedEx 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 FedEx attempts delivery on the date you selected and confirmed at the time you placed 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 FedEx (including requesting the package to be held for pickup or scheduling a delivery time-frame).

Refused Deliveries

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.

Order Discrepancies / Damaged Items

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 FedEx 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.

Order Changes / Cancellation

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.

Price Changes

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.


ADDITIONAL TERMS FOR CUSTOMERS ENROLLED IN A SUBSCRIPTION PLAN


SUBSCRIPTION PLANS

Subscription Shipments / Biweekly Deliveries

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 weeks (“Biweekly Delivery”) and your Payment Method will be automatically billed according to the Billing Cycle below.

To change your subscription plan, including your meal program selection, contact Customer Support at 1-800-273-1686 x2.

Account

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.

Differing Subscription Plans

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.

MANAGING YOUR BIWEEKLY DELIVERIES

Reschedule or Skip a Delivery

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.

Order Discrepancies / Damaged Items

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 FedEx confirms delivery is considered Day 1.

BILLING

Subscription Plan Billing

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.

Billing Cycle

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.

Payment Method

You are responsible for providing a current, valid, accepted Payment Method.

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.

Price Changes

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

Promotional codes, discounts, or vouchers (whether current or expired) may not be used on Subscription Plans.

TERMINATION

Cancellation

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 seven (7) 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 7 days prior to your next delivery date will not take effect until the following billing/delivery cycle.

Returns / Refunds

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!

Gift Cards

Agreement to Terms

Purchase, use, or acceptance of a Personal Trainer Food Gift Card (Gift Cards) constitutes acceptance of these terms.

Issuance

Personal Trainer Food issues Gift Cards electronically via email only. Gift Cards will be delivered to the email address provided when the Gift Card is purchased online. It is your responsibility to ensure that the recipient's email address is entered correctly. Personal Trainer Food is not responsible for Gift Cards undeliverable or incorrectly delivered as the result of an incorrect email address.

Redemption

Gift Cards may only be redeemed toward the purchase of eligible goods and services provided by Personal Trainer Food on www.personaltrainerfood.com. Purchases are deducted from the redeemer’s Gift Card balance. Unused value will remain on the card and cannot be redeemed for cash. If a purchase exceeds the redeemer’s Gift Card balance, the remaining amount must be paid with another payment method. Only one (1) gift card may be used per order. No fees apply to Gift Cards.

Balances

To check your Gift Card balance, please call 800-654-6937.

Limitations

Gift Cards cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law.

Expiration

Unused Gift Card balances expire two (2) years from the date of purchase.

Risk of Loss

The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.

Fraud

We reserve the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on PersonalTrainerFood.com.

Limitation of Liability

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IMPORTANT HEALTH INFORMATION

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.

Your Responsibility to Protect Your Account

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 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.

Content Posted By You

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. 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 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.

Content Posted By Other Users

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: customersupport@personaltainerfood.com.

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.

Activities Prohibited 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:

·         Using the website for any purpose in violation of local, state, national, or international laws;

·         Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;

·         Posting material that is unlawful, illegal, obscene, pornographic, indecent, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Personal Trainer Food in its sole discretion or pursuant to local community standards and common decency. Personal Trainer Food takes no responsibility for monitoring such content or in evaluating it;

·         Posting advertisements or solicitations of business;

·         After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);

·         Posting chain letters or pyramid schemes;

·         Impersonating another person;

·         Using an avatar or fictitious image;

·         Distributing viruses or other harmful computer code;

·         Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;

·         Allowing any other person or entity to use your identification for posting or viewing comments;

·         Posting the same note more than once or "spamming";

·         Harassing, threatening, stalking, or abusing any person;

·         Soliciting in person or face to face meetings; or

·         Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the website, or which, in the sole discretion of Personal Trainer Food, exposes Personal Trainer Food or any of its customer or suppliers to any liability or detriment of any type.

Personal Trainer Food reserves the right-but is not obligated-to do any or all of the following:

·         Record the dialogue or content posted on any pages of the website;

·         Investigate an allegation that anything posted on the website does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the posting;

·         Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;

·         Terminate a user's access to the website upon any breach of these Terms and Conditions;

·         Monitor, edit, or disclose any posting on the website;

·         and Edit or delete any communications posted on the website, regardless of whether such communications violate these standards.

Personal Trainer Food Copyrights

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

Copyright Protection

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:

·         Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.

·         Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

·         Your name, address, telephone number, and e-mail address.

·         A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

·         A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

·         A signature or the electronic equivalent from the copyright holder or authorized representative.


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 accounting@Mealsystem.net

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.

Governing Law

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. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms and Conditions and or your use of the Website resides in the courts located in the State of Texas, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. Venue for any disputes shall be in Tarrant County, Texas.

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.

Warranties

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.

Limitation of Liability

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.

Indemnification

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 and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

Termination

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.

Notice

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