Terms & Conditions

These terms of sale (these “Terms”) apply to the purchase and sale of products and services through gonutre.com (the “Site”). These Terms are subject to change by Nutre, LLC (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. These Terms comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through the Site.

2.Order Acceptance and Cancellation.

All orders must be submitted by you through the Site and your Account, and accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion for any reason or no reason at all. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. We reserve the right to cancel your order for any reason without prior advanced notice.

3.Account.

(a)

We are a subscription-based meals service and therefore, you must become a registered user and create an account (“Account”) to order our food products and services. Your Account shall be for personal, non-commercial use. All orders will be placed through the Site via your Account. You agree that all information you provide to register your Account or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

(b)

By creating an Account to order our products, you will be provided with a user name, password, and other pieces of information as part of our security procedures, which you must treat as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to, or use of, your Account, user name, or password, or any other breach of security.

4.Prices and Payment Terms.

(a)

All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after any such price changes displayed on the Site. Posted prices do not include taxes or charges for shipping and handling.

(b)

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept most major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

(c)

Each of our meal plans (a “Plan”) is an automatic, recurring subscription-based service which you choose through your Account. Your credit card will be authorized at the time of purchase, and processed on the Thursday prior to the delivery date. You can change, pause, or cancel your Plan at any time through your Account or by emailing us at [email protected] before the weekly order deadline of Wednesday at 11:59 pm.

(d) Automatic Renewal

(e)

We offer gift cards which are a one-time purchase and are treated as cash through the Site. Gift cards cannot be returned or refunded for any dollar amount once purchased, regardless if the gift card has never been redeemed. Gift codes and remaining balances never expire.

5.Shipments; Delivery; Title and Risk of Loss.

We will arrange for shipment of the products to you. We use our own private delivery service and third-party delivery carrier depending on your delivery zip code. For any shipping error (including damaged packages or delayed deliveries), we will issue you a replacement delivery or replacement products at no additional charge. We are not liable for any delays in shipments.

6.Food Substitution.

We take every reasonable measure to have sufficient inventory to fulfill your order, however, the availability of product(s) may change without notice. We reserve the right to substitute a similar product. 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.

7.Nutrition Information.

Nutrition Facts Labels on the meal packages reflect the nutrition information for the meals at the time of their preparation. You should always review the Nutrition Facts Label and ingredients associated with any product you receive from us to avoid potential allergic and adverse reactions. Content posted by us such as text, images, infographics, and other material is for informational purposes only.

8.Returns and Store Credit.

For any shipping error (including damaged packages or delayed deliveries), we will issue you a replacement delivery or replacement products at no additional charge. If you are not satisfied with a meal for any reason, please contact our customer service team at [email protected]. You must report your issues within 7 days of the meal being delivered. Refunds typically take 5 to 10 business days to appear back in your bank account. Every refund issued has a $20.00 processing fee.

9.Disclaimer of Warranty.

(a) Limitation of Liability

10.Indemnification.

You agree to indemnify, defend, and hold us, our 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 the Website Terms of Use, or your use of the Site.

11.Intellectual Property Use and Ownership.

You hereby acknowledge and agree Nutre, LLC is, and will remain, the sole and exclusive owner of all intellectual property rights in and to each product, product packaging, and service we provide or sell on the Site. Nothing in these Terms should be construed as granting any license or right to use any of our intellectual property.

12.Privacy.

Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

13.Force Majeure.

Neither party shall be liable for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by force majeure events including acts of God, flood, fire, earthquake, pandemic, war, government actions, or other events beyond the control of the impacted party.

14.Text and SMS Notifications.

Upon registering your Account, you will be asked to provide us with a telephone number at which we can reach you. That number is required for shipping & delivery notifications. The provided mobile number will automatically be enrolled in SMS marketing messages — you can opt-out at any time by texting STOP in response. Message and data rates may apply.

15.Governing Law and Jurisdiction.

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule.

16.Assignment.

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent.

17.No Waivers.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

18.No Third-Party Beneficiaries.

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

19.Notices.

(a) To You.

We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site.

(b) To Us.

To give us notice under these Terms, you must contact us at [email protected].

20.Severability.

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

21.Entire Agreement.

Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.