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, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
We may update these Terms and Conditions from time to time at 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 MUST HAVE physician approval prior to ordering any Food Matters consumable goods; these include but are not limited to people who: (a) are pregnant, (b) have anorexia or bulimia, (c) have chronic kidney disease, (d) children under 17 years old, or (e) nursing mothers. People with these or any other serious health conditions must seek physician approval before ordering any Food Matters consumables.
WEIGHT LOSS AND HEALTH CLAIMS
Most customers who participate in our Commitment Plan program and follow our tips and recommendations consistently have the most success reaching their health and weight loss goals. Food Matters provides weight loss and health information solely for informational purposes. Weight loss and health results are not guaranteed if you only eat healthy occasionally. Actual results will vary widely from individual to individual. By purchasing from Food Matters, you acknowledge that Food Matters does not make any claims, guarantees, explicit or implied, for any specific results. You also acknowledge that it is possible to gain weight on a program. Failure to lose weight or meet your desired results will not be grounds for a refund or to seek any damages against Food Matters.
FOOD MATTERS PROGRAMS ARE NOT MEDICALLY SUPERVISED PROGRAMS. IF YOU HAVE ANY MEDICAL CONDITIONS, WE RECOMMEND AND, IN SOME CASES, REQUIRE YOU TO SEEK PHYSICIAN APPROVAL PRIOR TO STARTING A PROGRAM.
Please note that nutritional information on our site reflects recent updates to meals based on evolving ingredients. The nutritional information for meals at the time of their preparation is reflected on the labels on our meal containers.
FOOD SUBSTITUTION POLICY
Although Food Matters takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. Food Matters is not responsible for unavailability of product due to popular demand, whether discontinued or still in production.
In the completion of orders, Food Matters reserves the right to substitute a similar product. When making substitutions, Food Matters takes great care to meet the requirements of your particular plan or order. 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 of Food Matters food products, including new and improved items, if you have any food allergies or if you are otherwise concerned about any particular ingredients.
YOUR RESPONSIBILITY TO PROTECT YOUR ACCOUNT
Food Matters 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. Food Matters 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, Food Matters may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
When you sign up to use the Site and create an account, you will be asked to create an account and 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 Food Matters for losses incurred by Food Matters or another party due to someone else using your account or password. Food Matters has the right to disable any user name, password or other identifier, whether chosen by you or provided by Food Matters, 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, ratings and reviews of meals, and postings on Food Matters bulletin boards, social media pages, chat rooms, and user blogs. These sites contain various pages where you and other members 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 of 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.
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.
Food Matters 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 OTHER USERS
Food Matters is not responsible for, and does not endorse, content in any posting made by other users on the Sites. You are solely responsible for your reliance on anything posted by another member on the Sites. Under no circumstances will Food Matters 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 any misuse of the Sites by any person, please contact Food at .
If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. Food Matters has the right to remove any user contributions from these Sites for any or no reason. Food Matters reserves the right to take necessary legal action against users.
ACTIVITIES PROHIBITED ON THE SITE
The following is a partial list of the kinds of conduct that are illegal or prohibited on the site. Food Matters reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of Food Matters, engages in any of the prohibited activities.
Prohibited activities include-but are not limited to-the following:
- Using the site 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, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Food Matters in its sole discretion or pursuant to local community standards. Food Matters 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;
- 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; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the site, or which, in the sole discretion of Food Matters, exposes Food Matters or any of its customers or suppliers to any liability or detriment of any type.
Food Matters 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 Site;
- Investigate an allegation that anything posted on the site 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 site upon any breach of these Terms and Conditions;
- Monitor, edit, or disclose any posting on the site; and
- Edit or delete any communications posted on the site, regardless of whether such communications violate these standards.
- Food Matters may disclose user 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, Food Matters has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Food Matters to disclose the identity or other information of anyone posting any materials on or through the Site or any Sites.
YOU WAIVE AND HOLD FOOD MATTERS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FOOD MATTERS, DURING OR AS A RESULT OF ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY FOOD MATTERS, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.
Food Matters 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. Food Matters assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Food Matters has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Food Matters has the right to terminate your account and your access to the Site or Sites for any reason, including, without limitation, if Food Matters, in its sole discretion, considers your use to be unacceptable. Food Matters may, but shall not be under any obligation to, provide you a warning prior to termination of your use of the Site or Sites.
FOOD MATTERS INTELLECTUAL PROPERTY
The entire contents of the Site or Sites are copyrighted as a collective work under the laws of the United States and other copyright laws. Food Matters 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 Food Matters 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.
The Food Matters name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Food Matters or its affiliates or licensors. You must not use such marks without the prior written permission of Food Matters. 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
Food Matters 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 Food Matters 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.
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, FOOD MATTERS, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED 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.
Food Matters makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Sites and/or Site. Food Matters cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Food Matters 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. Food Matters cannot and does not guarantee or warrant that any content you post on the Sites will remain on the Sites. Food Matters 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.
Food Matters may disable all or any social media features and any links at any time without notice in our discretion.
LIMITATION OF LIABILITY
FOOD MATTERS ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH FOOD MATTERS IS TO DISCONTINUE YOUR USE OF THE SITE. FOOD MATTERS 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 FOOD MATTERS 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, FOOD MATTERS AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold Food Matters, 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.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the People of New Mexico, without regard to its conflict of laws rules.
RESOLVING DISPUTES — ARBITRATION
Most customer concerns can be resolved quickly and to the customer’s satisfaction BY emailing us at . IF Food Matters is unable to resolve a complaint you may have to your satisfaction (or if Food Matters 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 related 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 Food Matters 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 FOOD MATTERS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIMS AS A 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 Food Matters 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 Food Matters 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.
Food Matters 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 Food Matters account. You may give notice to Food Matters 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: Food Matters LLC, 3420 N. Grimes St. Ste 300, Hobbs, NM 88240 Attn: Legal Department.