Terms and Conditions


General

Welcome to the website (the "Website") of Fit Food 2 U, LLC ("Fit Food"). Please carefully review these terms and conditions ("Terms of Use"), the Privacy Policy, and the terms and conditions on the Website that govern particular offers or features (e.g. requests for information) ("Additional Terms and Conditions," together with these Terms of Use and the Privacy Policy, form the Fit Food "Terms & Conditions") all of which collectively govern your use of and access to all of the Website and any and all content, data and information contained therein. YOUR USE OF ANY PORTION OF THIS WEBSITE CONSTITUTES YOUR UNCONDITIONAL CONSENT TO FOLLOW, BE BOUND AND ABIDE BY FIT FOOD'S TERMS & CONDITIONS , AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY FIT FOOD. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE.

Revisions to Terms & Conditions

Fit Food reserves the right to revise, modify, amend and/or update its Terms & Conditions at any time with or without prior notice. Your use of this Website following any such revisions, modifications, amendments and/or updates constitutes your unconditional agreement to follow, be bound, and abide by these Terms & Conditions as so revised, modified, amended and/or updated. You are responsible for reading these Terms & Conditions each time you use or access any portion of this Website.

Links

Fit Food explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through such third party sites that are linked to or from Fit Food's Web Site. Any such linked sites are not under Fit Food's control and Fit Food does not endorse, nor has it taken any steps to confirm the accuracy of any of the information, products or services contained on or through such third party sites. Fit Food cannot and does not make any representations, guarantees, or warranties as to the security or protection of any information (such as credit card and other sensitive information) you might give on any third party site.

Solely Intended for United States Users

Unless otherwise explicitly specified on the Website, this Website and any information contained therein is intended solely for use and access by persons residing in the United States of America, including its territories and possessions. Fit Food controls and operates its Website from offices located in the United States and makes no representations or warranties that the information, products, services, or payment methods contained on the Website is appropriate for use or access in other locations. Anyone using or accessing any of the Website from other locations does so at their own risk and are responsible for compliance with local United States laws, if and to the extent applicable.

Use

The Website and its contents are intended solely for your personal use. Unless otherwise explicitly stated, all materials that are included in or are otherwise a part of this Website are intellectual property owned, controlled, or licensed by Fit Food, including by not limited to: copyrights, patents, trademarks, trade dress and/or other intellectual property owned, and are protected by U.S. and/or international intellectual property laws. Except as expressly provided herein, no text, images, content or other material from any portion of this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.
In addition, you agree not to: (a) use or access this Website for any purpose that is unlawful or prohibited by the Fit Food Terms & Conditions; (b) use or access this Website in a manner that could interfere with, damage, disable, overburden, or impair any Fit Food server or the networks connected thereto; (c) interfere with any third party's use of this Website; or (d) attempt to gain unauthorized or unlawful access to any Fit Food server, network, or computer system, and the information contained therein, through hacking, password mining or any other means.
If you are under 18, you may not use the Website to purchase products or services from Fit Food. Fit Food reserves the right to refuse service or cancel orders in its sole discretion.

User Ids/Passwords

Use of certain features on the Website might be limited and/or require registration by you prior to access being granted. Fit Food will review and determine, in Fit Food sole discretion, whether to accept any registration. Fit Food shall have the right, in its sole discretion, to refuse or restrict anyone from access to the Website(s) at any time for any reason. Upon acceptance of your registration by Fit Food, you use your user ID and password (collectively "Password") for access to and use of the applicable portion of the Website. When registering for your Password, you must provide accurate and complete information. In the event you provide false information to Fit Food, Fit Food reserves the right to cancel your Password without notice.
You agree to notify Fit Food immediately about any unauthorized use of your Password or any other breach of security to your Password or to Fit Food's computer system. Fit Food reserves the right to require you to change your Password from time to time. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to any other person, and you shall not use any other person's Password. You further agree that Fit Food shall not be responsible for your failure, willful or unintentional, to comply with this paragraph, or for any loss or damage arising out of, or related to, your use of your Password by you or anyone other than Fit Food.

Disclaimer

You agree to notify Fit Food immediately about any unauthorized use of your Password or any other breach of security to your Password or to Fit Food's computer system. Fit Food reserves the right to require you to change your Password from time to time. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to any other person, and you shall not use any other person's Password. You further agree that Fit Food shall not be responsible for your failure, willful or unintentional, to comply with this paragraph, or for any loss or damage arising out of, or related to, your use of your Password by you or anyone other than Fit Food.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FIT FOOD OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FIT FOOD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT FIT FOOD, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD FIT FOOD AND ITS OWNERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, SHARE HOLDERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THIS WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS TERMS & CONDITIONS.

Term and Termination

Fit Food shall have the immediate right to terminate your access to, and use of, the Website if, in its sole discretion, Fit Food believes that you are not in compliance with these Terms & Conditions. Fit Food reserves the right to investigate suspected violations of its Terms & Conditions. Upon termination of your access to the Website, all rights granted to you under these Terms & Conditions will cease immediately, and you agree that you will: (a) immediately discontinue use of the Website(s); and (b) as applicable, pay any amounts owed to Fit Food in full within ten (10) days from the date of such termination.

Applicable Laws

Fit Food's Terms & Conditions shall be governed by and construed under the laws of the State of Utah, without regard to conflicts of laws principles. YOU AGREE THAT YOU SUBMIT TO JURISDICTION AND VENUE FOR ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS WEBSITE OR THE USE OR ACCESS THEREOF SHALL BE IN THE STATE OR FEDERAL COURTS LOCATED IN SALT LAKE COUNTY, UTAH. BOTH PARTIES AGREE THAT THEIR RIGHT TO A JURY IS HEREBY WAIVED.

Commencement of Actions

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THIS WEBSITE OR ACCESS THEREOF MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM SHALL BE BARRED.

Miscellaneous

The failure of Fit Food to act with respect to a breach of its Terms & Conditions by you or others does not constitute a waiver of any of Fit Food's rights with respect to such breach or any subsequent breaches. These Terms & Conditions may only be modified in writing by Fit Food and shall not be affected by course of conduct of any Parties. Fit Food may assign its rights and duties hereunder to any party without notice. These Terms & Conditions may not be assigned by you without Fit Food's prior written consent. If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions.