Terms and Conditions
Your Agreement to Terms & Conditions
Please read this Agreement carefully to ensure you understand each provision. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, (Section X) AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. (Section IX)
This Document contains the terms and conditions of your receipt and payment for Fuel for Fit goods and is subject to arbitration. THESE TERMS AND CONDITIONS APPLY TO ALL PURCHASES OF Fuel for Fit goods.
We may update these Terms and Conditions from time to time in our sole discretion. The modified Terms and Conditions will be effective 30 days following posting and you agree to the new posted Terms and Conditions by continuing your use of the Site and/or placing an order. Each time you use the Site or place an order, you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound hereby. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. If you do not agree with the modified Terms and Conditions, you should stop using the Site.
By using our Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and Conditions and to use the Site in accordance with these Terms and Conditions.
Important Health Information
People with certain conditions may not use the Fuel for Fit program; these include, but are not limited to people who: (a) are pregnant, (b) are allergic to soy, peanuts, or latex (which may be used in food handeling), (c) have anorexia or bulimia, (d) have chronic kidney disease, or (e) have a condition requiring a ketogenic diet.
Children under 14 years of age may not be on the Fuel for Fit porgram. Adolescents aged 14-17 years require a specific meal plan and physician approval. Nursing mothers also require an adjusted meal plan. Men weighing in excess of 450 lbs. and women weighing in excess of 400 lbs. require doctor approval to be on the Fuel for Fit program. For more information, relating to other health conditions that may require physician approval, Please consult with your physician.
It is important to note that medical studies indicate that people 20 percent or more above their ideal weight are at increased risk of many illnesses or diseases, including coronary heart disease, heart attacks, diabetes, increased cholesterol levels, high blood pressure, strokes, gallbladder disease, kidney disease, neurological disorders, gout, osteoarthritis, and certain types of cancer. It is also important to be aware of certain risks that have been associated with weight loss. Any weight loss program may cause constipation, muscle cramps, dehydration, diarrhea, dizziness, dry or cold skin, fatigue, gallbladder inflammation or gallstones, gout, hair loss, headaches, heart palpitations, loss of lean body mass, irregular or stopping of menstruation, reduced tolerance to cold, as well as other possible side effects.
Food Substitution Policy
Although Fuel for Fit takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. Fuel for Fit is not responsible for unavailability of product due to popular demand, whether discontinued or still in production.
In the completion of orders, Fuel for Fit reserves the right to substitute a similar product. Substituted food items may contain different ingredients and allergens than those in items originally ordered. Prior to consumption, please be sure to carefully check all individual product packages for the most updated information regarding ingredients and nutritional content for any/all Fuel for Fit meals, including new and improved items, if you have any food allergies or if you are otherwise concerned about any particular ingredients.
Please Note: Fuel for Fit food items may contain or may have been manufactured in a facility that also processes: milk, eggs, fish, crustacean shellfish, tree nuts, or peanuts.
Telephone Calls and Call Recording
Upon signing up for the program, you will be asked to provide us with a telephone number at which we can reach you. That number is required for delivery and so that Fuel for Fit can reach you with informational calls related to your transit and transactions. These calls may be recorded.
You may also opt- in to receive special offers from Fuel for Fit.
All calls to and from Fuel for Fit may be monitored or recorded for quality and training purposes.
Your Responsibility to Protect Your Account
Fuel for Fit reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in its sole discretion without notice. Fuel for Fit will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Fuel for Fit may restrict access to some parts of the Site, or the entire Site.
When you create an account, you will be asked to establish 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 Fuel for Fit for losses incurred by Fuel for Fit or another party due to someone else using your account or password. Fuel for Fit has the right to disable any user name, password or other identifier, whether chosen by you or provided by Fuel for Fit, at any time, in its sole discretion for any or no reason, if, in our opinion, you have violated any provisions of these Terms and Conditions.
Content Posted By You
Content posted by you includes, but is not limited to, posting on Fuel for Fit’s social media pages and Blog. These sites contain various pages where you and others may post content (“Sites”). You may only post content to the Sites 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 or that violates these Terms and Conditions. By posting or distributing content to the Sites, you represent and warrant that (a) you own all the rights to the content or are authorized to use and distribute the content to these Sites 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 Sites, you grant Fuel for Fit, its affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote any posted content in any medium. Once you submit or post content to the Sites, Fuel for Fit will not give you any right to inspect or approve uses of such content or to compensate you for any such uses. Fuel for Fit owns all right, title, and interest in any compilation, collective work or other derivative work, whether or not created by Fuel for Fit, using or incorporating content posted to the Sites.
You should carefully choose the information you post on the Sites. Any content that you post to the Sites will be considered non-confidential and non-proprietary. 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 these Sites and the consequences of posting anything on these Sites.
Fuel for Fit is not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Sites.
Content Posted By Others
Fuel for Fit is not responsible for, and does not endorse, content in any posting made by others on the Sites. You are solely responsible for your reliance on anything posted by others on the Sites. Under no circumstances will Fuel for Fit be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you or any third party in connection with the use of or reliance of any content posted by a third party on the Sites. If you become aware of misuse of the Sites by any person, please contact Fuel for Fit at 1-561-714-7844 or write to us at 1501 South Dixie Hwy Lantana, FL 33462, Attn: Legal Department.
If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. Fuel for Fit has the right to remove any user contributions from these Sites for any or no reason. Fuel for Fit reserves the right to take necessary legal action against users.
Activities Prohibited on the Sites
The following is a partial list of the types of conduct that are illegal or prohibited on the Sites. Fuel for Fit reserves the right to investigate and take appropriate legal action against anyone who, in Fuel for Fit’s sole discretion, engages in any of the prohibited activities on the Sites. Prohibited activities include, but are not limited to, the following:
· 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, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Fuel for Fit in its sole discretion. Fuel for Fit 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;
· Distributing viruses or other harmful computer code which is malicious or technologically harmful;
· Harvesting or otherwise collecting information about others, including email 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;
· Attempting to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites or Site, the server on which the Sites or Site is stored, or any server, computer or database connected to the Sites or Site; or
· Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Sites or Site, or which, in the sole discretion of Fuel for Fit, exposes Fuel for Fit or any of its customers or suppliers to any liability or detriment of any type.
Monitoring and Enforcement; Termination
Fuel for Fit 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 Sites;
· Investigate an allegation that anything posted on the Sites 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 your access to the Sites upon any breach of these Terms and Conditions (either directly or through breach of any other terms and conditions or operating rules applicable to you);
· Monitor, edit, or disclose any posting on the Sites; and
· Edit or delete any communications posted on the Sites, regardless of whether such communications violate these standards; or
· Fuel for Fit may disclose your information including personal identity and other personal information to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Without limiting the foregoing, Fuel for Fit has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Fuel for Fit to disclose the identity or other information of anyone posting any materials on or through the Site or any Sites. YOU WAIVE, AND HOLD HARMLESS FUEL FOR FIT FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FUEL FOR FIT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY OF FUEL FOR FIT, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.
Fuel for Fit does not undertake to review any materials before you have posted them on the Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Fuel for Fit assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Fuel for Fit has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Fuel for Fit has the right to terminate your access to the Site or Sites for any reason, including, without limitation, if Fuel for Fit, in its sole discretion, considers your use to be unacceptable. Fuel for Fit may, but shall not be under no obligation to, provide you a warning prior to termination of your use of the Site or Sites.
Fuel for Fit Intellectual Property
The entire contents of the Site or Sites are copyrighted as a collective work under the laws of United States and other copyright laws. Fuel for Fit 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 Site or Sites 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 Site or Sites.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Fuel for Fit or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you access to the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.
You must not (i) modify copies of any materials from the Site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Fuel for Fit. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
The Fuel for Fit name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Fuel for Fit or its affiliates or licensors. You must not use such marks without the prior written permission of Fuel for Fit. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
Changes to the Site
Fuel for Fit may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and Fuel for Fit is under no obligation to update such material.
Information About You and Your Visits to the Site
Online Purchases and Other Terms and Conditions
All purchases through this Site or other transactions for the sale of goods or services or information formed through the Site or as a result of visits made by you are governed by these Terms and Conditions.
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Fuel for Fit has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Fuel for Fit may disable all or any social media features and any links at any time without notice in our discretion.
The Sites and/or Site and the content are provided on an “as is” and “as available” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, FUEL FOR FIT, 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. Fuel for Fit makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Sites and/or Site. Fuel for Fit cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Fuel for Fit cannot and does not guarantee or warrant that files available for downloading from these Sites and/or Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Fuel for Fit cannot and does not guarantee or warrant that any content you post on the Sites will remain on the Sites. Fuel for Fit does not warrant or guarantee that the functions or services performed on the Sites and/or Site will be uninterrupted or error-free or that defects in the Sites and/or Site will be corrected.
The Sites and/or Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Fuel for Fit, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Fuel for Fit. Fuel for Fit is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Limitation of Liability
FUEL FOR FIT’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH FUEL FOR FIT IS TO DISCONTINUE YOUR USE OF THE SITE. FUEL FOR FIT AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES AND/OR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES AND/OR SITE. 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 FUEL FOR FIT 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, FUELFORFIT’S AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold Fuel for Fit, its officers, directors, employees, agents, 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 or your use of the Sites and/or Site, including, but not limited to, any content that you may post, any use of the Sites’ and/or Site’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Sites and/or Site.
Resolving Disputes — Arbitration
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service department at 1-561-714-7844. If Fuel for Fit’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if Fuel for Fit has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
All disputes or claims that arise under or relate to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court or by individual arbitration in accordance with the rules of the American Arbitration Association (“AAA”). Unless you and Fuel for Fit agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879.
You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR FUEL FOR FIT SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. This transaction and the arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
Waiver and Severability
No waiver by Fuel for Fit of any of the terms and conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fuel for Fit to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Florida, without regard to its conflict of laws rules.
Fuel For Fit may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your Fuel for Fit account. You may give notice to Fuel for Fit 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: Fuel for Fit 1501 South Dixie Hwy Lantana, FL 33462 Attn: Legal Department.
Updated: October 22, 2017