BINDING AGREEMENT. These are the Terms and Conditions which govern the use of the Fit2go, LLC website. By ordering any of our meal plans or using the Fit2go website (www.Fit2GoMeal.com ), you agree to be legally bound and abide by these Terms and Conditions, just as if you and Fit2go had signed an agreement containing these Terms and Conditions. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. By using this Website after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. By agreeing to these Terms and Conditions you also agree to receive our newsletters and special offers. The law requires us to obtain your consent before we may contact you using our emails. You are not required to give your consent (however it may impact our ability to provide offers to you) and you may cancel this consent at any time by unsubscribing or emailing fit2go@fit2gomeal. Rest assured we take your privacy very seriously and your information will never be shared with or sold to any third parties.
PAYMENT. We accept all major credit cards; Visa, American Express, MasterCard and Discover. The account on file will be billed and charged for the full value of delivery days upon ordering. Taxes apply and may vary. Fit2go believes in the pay as you go model. You will pay at time of ordering at the checkout page and you will not be billed unless you select to be part of our auto-renew program. If you choose to be in auto-renew or buy a deal that mentions you will be placed in auto-renew, your card will automatically be re-billed when your available balance is insufficient to cover your next delivery. You will be billed the same amount based on the plan that was originally signed up for. If you choose to pay by check or cash, it must be made on the first day of delivery.
CREDITS. As part of a Plan or a Service promotion, we may issue you credits redeemable for meals ("Credits"). Credits may only be redeemed on meals, have no cash value, are non-transferrable and non-refundable. All Credits are valid for a limited time (90 days) as described in the applicable membership and promotional terms and conditions. Credits expire immediately upon the cancellation or termination of your membership unless used prior to cancellation or termination.
FEES AND RENEWAL. Fees for membership plans, subscriptions and other services will be stated at the time of your purchase or sign-up, as applicable, and provided in our faq pages. The fees for membership plans may changed at any time. Fees may be subject to tax, collected by us or a third party through which you transact, and are non-refundable except in the specific circumstances described in these Terms. Please do not sign up for the program with a debit card. Also known as a "check" or "ATM" card, a debit card typically has the word "debit" printed on the face of the card.
If your membership plan or subscription involves a recurring payment of a fee, unless you notify us before a charge that you want to cancel or do not want to automatically renew your membership or subscription, you understand it will automatically continue and you authorize us, or a third party through which you transact (without notice to you, unless required by applicable law) to collect the then-applicable fees and any taxes, using any credit card we have on record for you.
If all credit cards we have on file for you are declined for payment of your membership or subscription fees, we may cancel your membership or subscription, as applicable, unless you provide us with a new credit card. If you provide us with a new credit card and are successfully charged before your membership or subscription is cancelled, your new membership or subscription period will be based on the original renewal date and not the date of the successful charge.
CANCELATION POLICY. After checking out, or submitting a deal order (E.g by clicking “Process order” or “Submit order”) your order will be final. Credits will only be applied towards future purchases. No refunds will be made back to cards, and no monies will be reimbursed. If you are on auto-renew, and your cancellation requests are not received at least 1 business day prior to auto renewal, you will be automatically re-billed for another cycle and will be obligated to continue service through the end of that cycle. Any pending credits must be used within 90 days of the last order.
DELIVERY Fit2Go makes its best efforts to deliver your meals on time. Delivery hours are between the hours of 8:30am and 12:30pm. Our delivery area is displayed in our Delivery tab of the website, and we may only deliver to areas in the highlighted sections. We depend on the information you supply when registering an address, and will do everything in our power to deliver in a timely fashion to that address. If by any reason your meal is undeliverable because of a wrong address, no-one to receive the meal, or lack of response at a gate or security guard, your meal cannot be reimbursed as we fulfilled our obligation of cooking and delivering your meal. If you have an issue with a delivery person or situation, you may email us at email@example.com
COMMUNICATIONS. When you visit Fit2go website or sign up for meal deliveries from Fit2go, and send us information for processing your order, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We may communicate with you by email or by posting notices on the Website. 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. In addition, Fit2go may deliver communications (including legal notices) to you at the street address provided in your Fit2go membership account. Finally, Fit2go may deliver communications to you by any means set forth in any other Fit2go policy or notice published on the Website. By becoming a customer, or by completing any of our online forms at www.Fit2goMeal.com, you agree to be automatically opted in to be contacted by phone, email, mail or by text for a variety of promotional or account related messages by Fit2goMeal and any of Fit2goMeal’s subsidiaries or 3rd party preferred marketing partners. If at any time, you wish not to receive communication(s) from us, you can opt out of our emails by clicking the Unsubscribe button in the footer of our emails. If you wish for us not to contact you by phone, please email firstname.lastname@example.org and ask to be placed on our Do Not Contact list. All mobile subscribers may at any time, for any reason, opt out of the mobile marketing campaigns after receiving a text from us by replying STOP.
ALLERGIES. Fit2go cannot accommodate customers with severe or life threatening food allergies. By signing up for Fit2goMeal, you agree to our terms and conditions and understand that Fit2goMeal is not responsible for any food related allergic reactions that may occur whether it be mild or severe. We prepare our food in a facility that handles nuts, gluten, dairy, shellfish and other common food allergens. We cannot guarantee no cross contamination. We urge you to use caution when choosing Fit2goMeal. If you have a moderate to severe food allergy, we cannot serve you. Please contact Customer Service at (305) 718-3858 if you have any questions regarding this warning. Consuming raw or undercooked meats, poultry, seafood, shellfish, eggs or unpasteurized milk may increase your risk of foodborne illness.
ADVICE. The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition, or fitness plan offered through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and wellbeing.
RESTRICTIONS ON USE OF WEBSITE Unless otherwise specified, Fit2go grants you a nonexclusive, nontransferable, limited license to access, use and display the Website and the material provided thereon for your personal, noncommercial use of ordering meal deliveries, provided that you comply fully with these Terms and Conditions. You acknowledge that this Website contains information, data, software, photographs, videos, text, typefaces, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Content or portions of Content may be copyrighted under the United States copyright laws (and, if applicable, similar foreign laws). All trademarks appearing on the Website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on the Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership or interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior express written consent. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of Fit2go. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fit2go without our express written consent. You may not use any metatags or any other hidden text utilizing Fit2go's name or trademarks without the express written consent of Fit2go. Any unauthorized use terminates the permission or license granted by Fit2go. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the Website so long as the link does not portray Fit2go, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Fit2go logo or other proprietary graphic or trademark as part of the link without our express written permission.
AGREEMENT CHANGES. We may, in our discretion, change the Terms and all elements of them and any aspect of the Service, without notice to you. If any change to the Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes and the remainder of the Terms. Your continued use of the Service after we change the Terms constitutes your acceptance of the changes. If you do not agree to any changes, you must not use the Service and must cancel your membership.
CONTACTING FIT2GO. You may contact us by email at FIT2GO@Fit2goMeal.com; by mail to Fit2go, LLC. 7342 NW 35TH ST, MIAMI, FL 33122; or by phone to our Customer Service Department at (305) 718-3858. Customer Service hours of operation are Monday thru Friday 8am – 5pm EST.
DISCLAIMERS AND LIMITATION OF LIABILITY. Users of our Website (individually and collectively, "User") expressly agree that use of the Website is at User's sole risk. Neither Fit2go, nor its parent, officers, directors, employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. Fit2go does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information. THE WEBSITE IS PROVIDED BY FIT2GO ON AN "AS IS" AND "AS AVAILABLE" BASIS. FIT2GO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FIT2GO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL FIT2GO OR ITS PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION LOSS, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF FIT2GO IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OTHER MATTER RELATING TO OUR WEBSITE. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE IS TO DISCONTINUE YOUR USE OF THE WEBSITE. IN NO EVENT SHALL FIT2GO'S LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY FIT2GO OR ITS PROVIDERS SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall Fit2go or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise and services available through the Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law. Any product, offering, content and material downloaded or otherwise obtained through the use of this website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material. Neither Fit2go, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials in the Website in terms of their correctness, accuracy, reliability, or otherwise. No advice or information, obtained by you from our personnel or through the Website shall create any warranty not expressly provided for in these Terms and Conditions.
LINKS TO OTHER SITES. The Website may reference or link to third-party sites throughout the World Wide Web. Fit2go has no control over these third-party sites or the content within them. Fit2go cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. Fit2go does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. Fit2go does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third-party website, you should carefully review such third party's privacy statement and other terms and conditions of use. By using the Website to search for or link to another third-party site, you agree and understand that you may not make any claim against Fit2go for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site.
INDEMNITY. You agree to defend, indemnify, and hold Fit2go and Providers 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, and your further agree that any violation by you of these Terms and Conditions shall constitute a full defense in avoidance of any claim that you may make against Fit2go, and that no liability may attach to Fit2go in case of such violation by you.
APPLICABLE LAW. The Website is created and controlled by Fit2go, LLC in the State of Florida. The laws of the State of Florida will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Fit2go reserves the right to make changes to its Website and these disclaimers, terms and conditions at any time.
ARBITRATION AGREEMENT. Any controversy or claim arising out of or relating to this Agreement or the use of this website shall be determined exclusively by arbitration in accordance with the rules of the American Arbitration Association, by a neutral arbitrator in a location within one hundred (100) miles of User’s address where such arbitration shall be held. The decision of the arbitrator shall be final and binding. If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, the refusing party shall pay all court costs and reasonable attorney’s fees incurred in enforcing said ruling or decision of the arbitrator. The parties agree that each may bring claims against the other in arbitration only in their individual capacity, and not as a plaintiff or class member in any putative class or representative proceeding. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then it shall be severed without affecting the entirety of this provision.