Terms of Use Agreement
By using the www.fitritionmeals.com or www.preppedlife.com web site (“TPL” or the “Site”), a service of The Prepped Life, Inc. dba Fitrition Meals, you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the “Agreement”), including those available by hyperlink. Before you make a purchase on TPL, you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on August 1, 2016 for current users and upon acceptance for new users.
TPL does not pre-screen users or the content or information provided by users. TPL cannot ensure that a buyer will actually complete a transaction.
TPL does not guarantee same-day delivery on any order unless specified in schedule. The delivery guidelines published on this website are not guarantees of a delivery at a set time, they are estimates.
Membership Eligibility
Age: TPL’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by TPL’s policies as stated in the Agreement and TPL’s Privacy Policy.
Right to Refuse Service: TPL reserves the right to refuse service to anyone, for any reason, at any time.
Breach
Without limiting any other remedies, TPL may, without notice, and without refunding any fees, delay or immediately remove Content, warn TPL’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
TPL suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; TPL is unable to verify or authenticate any of your personal information or Content; Or TPL believes that a user is acting inconsistently with the letter or spirit of TPL’s policies, has engaged in improper or fraudulent activity in connection with TPL or the actions may cause legal liability or financial loss to TPL.
Privacy
Except as provided in TPL’s Privacy Policy, TPL will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.
No Warranty
TPL, TPL’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND TPL’S SUPPLIERS PROVIDE TPL’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TPL, TPL’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND TPL’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM TPL SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Liability Limit
IN NO EVENT SHALL TPL, AND (AS APPLICABLE) TPL’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR TPL’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, TPL’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. TPL’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF TPL’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO TPL IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
YOU AGREE TO INDEMNIFY AND HOLD TPL AND (AS APPLICABLE) TPL’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
No Guaranty
TPL does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside TPL’s control.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of TPL’s service and your listing, purchase, solicitation of offers to purchase, and sale of items.
Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
No Agency
You and TPL are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
TPL Service
TPL reserves the right to modify or terminate the TPL service for any reason, without notice, at any time. TPL reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, TPL will notify you via email to the email address in your account. What constitutes a “material change” will be determined at TPL’s sole discretion, in good faith, and using common sense and reasonable judgment.
Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York and disputes arising under this agreement will be adjudicated by the courts of the State of New York.
Survival
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (TPL’s Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be emailed to orders@preppedlife.com with a subject of notice. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, TPL may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to TPL. In such case, notice shall be deemed given three days after the date of mailing.