Terms of ServiceJanuary 15, 2020 2022-10-04 11:28
Terms of Service
IMPORTANT NOTICE: THESE TERMS & CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTIONS BELOW. BY ACCEPTING THESE TERMS & CONDITIONS, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY.
Welcome to the website (“Site”) of Vive Meals, LLC (“we”, “us”, “our” or “Vive”). Please review the following terms (the “Terms”) that govern your use of our Site, applications, products, and services, as well as your participation in our rewards program described at the end of these Terms. Please note that your use of our Site constitutes your agreement to follow and be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to these Terms, you may not access or use the Site and you may not order, receive, or use the meals, products, content or services made available through the Site (collectively, the “Products”).
We reserve the right to change or modify these Terms at any time and in our sole discretion. Such changes or modifications will be posted as a modified agreement on the Site with an updated “Last updated” date. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Site or via email. Your use of our Site and the Products following any such change constitutes your agreement to follow and be bound by the Terms as changed. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Site or order, receive or use the Products.
We reserve the right to refuse service to anyone for any reason at any time. By agreeing to these Terms, you represent that you are over 16 years old and at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You warrant and represent that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.
You may be required to create an account to use some of the features of the Site. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account. In creating an account, you represent to us that all information you provide in such a process is true, accurate, and correct and that you will update your information as necessary to keep it accurate. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information. You agree to notify us immediately of any unauthorized use of your account by contacting us at firstname.lastname@example.org and to change your password. You may not transfer your account to anyone else without our prior written permission.
2. NUTRITION AND ALLERGY DISCLAIMER AND LIABILITY WAIVER
We want you to be your healthiest, but we’re not doctors. You should always consult your doctor before making any changes to your health regime–including starting on a Vive meal program.
By using Vive, you acknowledge that you are doing so at your own risk, and have consulted with your doctor or other health professional about your diet change.
We do not claim our meal program or Products will alleviate, heal or cure any health condition or symptom. The content of this Site and any Product Vive offers are not meant to diagnose, treat, prevent or cure any medical condition, and should not be used as a substitute for consulting a doctor or other health professional. Any information that you find on this Site or on websites we link to, received from our employees, suppliers, or agents by phone, email or other communication channel, or obtained through contacts you make through Vive should be verified with your doctor. Consult your doctor with any specific health questions or problems you may have. The statements made by Vive on this Site and our programs and Products have not been evaluated by the Food and Drug Administration.
Our program is not intended for people with severe allergies. Our kitchen facilities process and regularly use nuts, dairy, egg and gluten. We do our best to accommodate allergies, but do not provide a product intended for people with medically-necessitated diets or severe allergies.
3. PRICING AND AVAILABILITY
All prices are shown in U.S dollars, and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine at our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with our various subscription plans, we will provide our existing subscribers with advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes. The delivery of your subscription meals to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth in the “Cancellation of Subscription” section of these Terms.
Our meal programs are scheduled according to availability. The deadline for program sign-ups is Friday at midnight EST. We cannot guarantee that a certain date is available to start the meal program as spots fill up quickly. The cut-off time for the program sign-up is 11:59PM EST two days before you want the program to start (for example: for a Monday start, you must order the program no later than 11:59PM EST on preceding Friday). All changes to your subscription including: changing dislikes, delivery address or meal plan will reflect 48 hours after change is made.
4. PAYMENTS, BILLING AND PROMOTIONS
Payment is due upon purchasing your Vive Product or program. By providing a credit card or other payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or canceled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not edit your payment method information or cancel your Subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Subscription, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). By signing up for a meal program subscription, you acknowledge and authorize Vive to collect, save, and charge your provided payment method for future transactions on your account regarding your subscription. For more details on recurring billing, please see the section titled “CONTINUOUS SUBSCRIPTIONS.”
5. PROMOTIONS, REFERRALS, AND DISCOUNTS
If you are using a promotion or a discount code, please enter it at checkout to receive an immediate discount. Only one promotion or discount code may be used per Order. Promotion or discount codes may be used on already discounted programs; however, we reserve the right to cease this practice at any time without notice. If you are using a discount code on a subscription program, once the first week of the subscription ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for the non-discounted price of your program (plus any applicable taxes and other charges) for as long as your subscription continues, unless you cancel your subscription prior to the cutoff date for any weeks of your program beyond the discounted week. Instructions for canceling your subscription are described in the “Cancellation of Subscription” section below. Please note that you will not receive a notice from us that the discounted week has ended, or that the full-priced portion of your subscription has begun. Holiday and other special promotions may, at the option of Vive, carry specific terms, conditions, and restrictions, and we reserve the right to create, amend, and enforce said terms, conditions, and restrictions.
6. CONTINUOUS SUBSCRIPTIONS
WHEN YOU REGISTER FOR A MEAL PROGRAM SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) VIVE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A WEEKLY BASIS FOR YOUR MEAL PROGRAM SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR MEAL PROGRAM SUBSCRIPTION CONTINUES, (B) THE AMOUNT YOU ARE CHARGED AND THE NUMBER OF MEALS YOU RECEIVE EACH WEEK MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND (C) YOUR MEAL PROGRAM SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITE OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU MAY SKIP YOUR WEEKLY MEAL PROGRAM ORDER AS OFTEN AS YOU’D LIKE BY MANAGING YOUR DELIVERY SCHEDULE LOCATED IN YOUR ACCOUNT.
7. CANCELLATION OF SUBSCRIPTION
YOU MAY CANCEL YOUR MEAL PROGRAM SUBSCRIPTION AT ANY TIME BY LOGGING IN TO YOUR ACCOUNT AND CANCELING SERVICE OR BY EMAILING OUR WELLNESS TEAM, AT INFO@VIVEMEALS.US. YOU CANNOT CANCEL YOUR FIRST WEEK’S ORDER, AND ALL FUTURE WEEKS MUST BE CANCELED BY FRIDAY AT MIDNIGHT EST OR WITH A 48H ANTICIPATION, THE WEEK PRIOR TO DELIVERY. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY MEAL ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR MEAL PROGRAM SUBSCRIPTION.
8. THERMAL BAG POLICY
All Vive meals will be delivered to you in our custom thermal bags with icepacks to ensure freshness during delivery. Please leave your empty cooler bags with icepacks outside on your front doorstep the night before your next delivery. You can keep up to two (2) bags with you, if you collect three (3) or more bags your account will automatically be charged $10.00 per cooler bag. In the event that you cancel your account, a representative at Vive Meals will contact you to retrieve the cooler bags in order to avoid a $10.00 per bag replacement fee. The fee of $10.00 per bag will be charged after the verification of bags for each customer at the end of the week