Terms of Service

Updated: July 1, 2019

Fresh n’ Lean (“Company”) provides ready-to-eat meals and a la carte options delivered direct to consumers. Company also sells items in retail and wholesale settings, in its own and other stores. Company provides its services (“Services”) subject to the terms and conditions contained in these Terms of Service (“Agreement”). Agreement covers the actions of Company on this website (“Site”), in its stores (“Stores”) and beyond.

Please read these terms and conditions of use carefully. Your use of these Services is conditioned on your acceptance of and compliance with this Agreement. This Agreement applies to all visitors, users and others who access or use Company’s Services.

This Agreement governs (a) access or use the Site website or any other online Company platform (collectively, “Site”); (b) access and/or view any of the video, audio, stories, text, photographs, graphics, artwork and/or other content featured on the Site (collectively, “Content”); (c) sign up to receive the Fresh n’ Lean subscription food-delivery service and/or any other products or services offered by Fresh n’ Lean; (d) access links to Fresh n’ Lean’s social media pages/accounts on third-party social media websites or mobile or other platforms, such as Facebook®, Instagram®, Pinterest®, LinkedIn®, Twitter®, Snapchat®, and YouTube® (collectively, “Social Media Pages”); (e) utilize the interactive features of the Site designed to facilitate interaction between you, Fresh n’ Lean and other users of the Site and App, including, but not limited to, blogs and comment sections (collectively, the “Interactive Services”). By using Site, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement and have read and understood our Privacy Policy. Further, you agree to enter into a legal binding agreement with Fresh n’ Lean. Please do not access or use the Site or Service if you are unwilling or unable to be bound by this Agreement. Our Site and Service are operated in the United States. We make no claims concerning whether the content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Service or the Content from outside of the United States, you do so on your own initiative and at your own risk. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

We may modify this Agreement from time to time at our sole discretion. We will make the revised version available on this webpage. Check this Agreement on a regular basis, as revised versions will be binding on you. Modifications will be effective upon our posting of updated terms and conditions. You are responsible for staying informed of any changes. Your continued access to or use of the Site or Service after any posted modification to this Agreement indicates your acceptance of the modifications. If you do not agree, stop using Site or Service.

This Agreement and our Privacy Policy constitute the sole and entire agreement between you and Fresh n’ Lean. This Agreement and Our Privacy Policy supersede all prior and contemporaneous agreements, representations and warranties.

No waiver by Fresh n’ Lean of any of the terms and conditions set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Fresh n’ Lean to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

Eligibility

You hereby represent that you are at least eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction), and have the requisite power and authority to enter into the Agreement and perform your obligations hereunder.

Registration

During the registration process, you will be asked to create an account and establish a password. Your account is for personal, non-commercial use only. Provide complete and accurate information. Our Privacy Policy details how this information will be used. Keep your password secure. You are responsible for all activities that occur in connection with your account, regardless of whether they are made by you or others. You agree to safeguard your account password from access by others.

You agree to indemnify and hold harmless Company for losses incurred by Company or another party due to someone else using your account or password. Company has the right to disable any user name, password or other identifier, whether chosen by you or provided by Company, at any time, in its sole discretion for any or no reason, if, in Company’s opinion, you have violated any provisions of this Agreement.

Company may change any aspect of Company’s Site or Service in its sole discretion without notice. Company cannot be held liable in the event that all or any part of its Site is unavailable at any time or for any period. Company may exercise its right to restrict access to some parts of its Site or Service at some times.

Nutrition Information

Nutrition information is presented on this Site and other places to the best of our current knowledge and latest testing. Meals can be made with evolving ingredients. The nutritional information for meals at the time of their preparation is reflected on the labels on our meal containers. We cannot guarantee the accuracy of any nutritional information. As such, Company cannot be responsible for any loss or damage resulting from your reliance on nutritional information.

Always check the ingredients associated with any products that you receive from Company to avoid adverse reactions. Promptly contact your health care provider if you have any concerns.

Content on our Site or elsewhere may contain recipes, recommendations, advice (collectively, the “Advice”). Ask your physician or healthcare professional before adopting any Advice. Always check the ingredients associated with any Advice to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction, contact your health care provider immediately.

MEAL PLAN ORDER TERMS

Meal plans are weekly reoccurring deliveries with no obligation past the first week.

Meal plan deliveries are designed to be the most convenient way to eat healthy today. Meals are created from scratch each week, delivered fresh and ready to eat on Friday. Each meal is sealed in an oxygen reduced, BPA-free container with a posted expiration date which will typically last about 10 days past the date of delivery in your refrigerator.

As a meal plan subscriber, you may modify, pause, or cancel your deliveries any given week. In addition, you may set up bi-weekly deliveries, request modifications ahead of time, and receive shipments in business offices or hotels. Meal plans are made to order every week and there is a deadline for cancellations and modifications of the current week’s delivery; Monday 12:00 pm (PST). All modifications received after this deadline will not be reflected in that week’s delivery, but will take effect the following week.

To modify, pause, or cancel your meal plan order, please call us at (888) 420-4080. TO INSURE QUALITY OF SERVICE, MODIFICATIONS AND CANCELLATIONS MUST BE MADE BY PHONE. WE WILL NOT ACCEPT ORDER MODIFICATIONS OE CANCELLATIONS BY EMAIL OR VOICE MAIL MESSAGES.

Customization of Meal Plans

I understand and agree that while I can request customizations to my meal plan beyond the options provided on orders.freshnlean.com (shopping cart), not all customization requests can be accommodated.

Fresh n’ Lean can accommodate requests to omit up to three (3) ingredients (with some restrictions) of my choosing, however, I understand that requesting any modification to my meal plan can result in duplicate meals with every delivery and that my meal plan may no longer reflect the exact ingredients displayed on the Fresh n’ Lean menu.

I further understand that certain ingredients cannot be excluded from my meal plan. Ingredients such as onion, garlic, and carrot cannot be omitted from my meal plan, and I understand refunds will not be issued for the reason of an incorrect/inaccurate delivery if I request to remove any of the aforementioned ingredients from my meal plan. Fresh n’ Lean reserves the right to change the list of ingredients which cannot be omitted from meal plans at any time without prior notice.

A LA CARTE ORDER TERMS

‘A la Carte’ orders are one-time stand alone orders. This feature allows you to order the meals you choose from our current selection in any combination you want.

All of our meals are made fresh every week, and ‘A la Carte’ orders are subject to availability. Once they are gone, they are gone!

Once your order is processed, your meals will be shipped via FedEx or GSO/ GLS and a tracking number will be automatically send to the email you provide at the time of your order. (Note: For Food safety reasons, we do not ship over weekends).

Billing

When you place an ‘A la Carte’ order, you are charged once at the time of your order, for the item you have selected for a single delivery.

When you first sign up for a subscription to a Fresh n’ Lean Plan (a “Meal Plan”), you are charged only for the first week of the Plan at the time of your Meal Plan selection. All Plans are continuous subscription plans, and you will be charged the applicable price listed for the Plan that you select on a weekly basis. If you wish to cancel or modify your subscription to a Plan, you can do so at any time as described in the “Cancel or Modify a Subscription” section below; however, except as otherwise noted below, any amounts charged to or paid by you prior to such cancellation or modification will not be refunded, and cancellations or modifications may not impact any order for which you have already been charged, depending on the status of the order.

Fresh n’ Lean may change the price of a Plan, introduce new Plans, or remove Plans from time to time, and will communicate any price or Plan changes to you in advance by email within seven (7) or more days notice. Price and Plan changes will take effect as of the next billing period following the date on which Fresh n’ Lean provided notice to you of the price or Plan change. By continuing to use the Fresh n’ Lean Service after the effective date of a price or Plan change, you indicate your acceptance of such price or Plan change. If you do not agree with a price or Plan change, you have the right to reject the change by canceling your subscription(s) prior to the effective date of the price or Plan change. Please make sure that you read any notifications of price or Plan changes carefully.

Applicable sales tax may be charged on your order based on local and state laws.

You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account based on your delivery status as of the specified deadline. Your liability for such charges shall continue after termination of this Agreement.

Cancellations & Modifications

Following your Plan selection and placement and receipt of your first weekly order, you may cancel or modify a subscription to a Plan at any time online by calling our customer service line (888) 420-4080, Monday through Friday between the hours of 8am and 5pm PST, or by emailing us at [email protected]

Subscription charges are typically processed 5 or 6 days before your expected delivery, but can vary depending on shipping length and other factors. To avoid the possibility of being charged for placed orders that you no longer wish to receive in the event of a subscription cancellation, you must cancel your subscription/ any future orders (orders not already charged, fulfilled, shipped, or delivered) by Friday 12:00 noon PST.

If you cancel a subscription to a Plan before receiving your first order, your first order may or may not be canceled and related amounts paid may or may not be refunded to you, depending on factors including the status of your meals in our production process, and any promotions applied. You will be notified at the time of cancel if any of your charged orders will be canceled and refunded, to confirm, email us at [email protected]

Returns

All sales are final. Any meals or products purchased through and from Fresh n’ Lean site, over the phone, or through any of Fresh n’ Lean partners or affiliates are often perishable food items and can not be returned to sender for a refund.

Promotional Sales

When subscribing to a weekly a meal plan or purchasing ‘A la Carte’ meals using a promo code, you are responsible for reading the terms and conditions of the promotion as advertised by Fresh n’ Lean. If the terms and conditions of the promotion are not clear to you, you may contact Fresh n’ Lean to seek clarification about the terms and conditions associated with the promotion you sign up for.

Fresh n’ Lean promotions are advertised with simple terms and conditions, however, promo codes are often shared on blogs, message boards, and third party sites without permission and/or any explanation of the promotion.

For example, the promo code ‘Save50’ is a promotion advertised as 50% off week one (1) of a four (4) week meal plan program. Customers must complete all 4 four weeks for the discount to apply, or they will be responsible for the full price of week one (1).

How promotions/discounts are affected by Meal Plan Subscription Cancelations: Canceling a meal plan subscription will result in the loss/forfeiture of ongoing promotional gift and discounts granted at the time of sign-up for the said meal plan. Customers may pause deliveries for up to three (3) consecutive weeks and retain discounts/promotional offers, however, pauses beyond three (3) consecutive weeks constitute a meal plan cancellation.

Food Substitution Policy

Fresh n’ Lean takes every reasonable measure to have sufficient inventory to fill your order, but the availability of product(s) may change without notice. Company is not responsible for the unavailability of product for any reason.

We reserve the right to substitute a similar product. Substituted food items may contain different ingredients and allergens than those in items originally ordered. Please carefully check all individual product packages for the most updated information regarding ingredients and nutritional content.

Food items may contain or may have been manufactured in a facility that also processes: dairy, eggs, fish, shellfish, soy, and tree nuts.

Shipping

Fresh n’ Lean uses FedEx delivery services nationwide and GSO/GLS within California, Nevada, Arizona, Oregon, Washington, and Idaho. This is subject to change. You are responsible for providing Fresh n’ Lean with full and accurate information regarding how your items should be delivered.

All orders are delivered on a ‘shipper release’ basis with no signature required unless the customer makes a specific request for a ‘signature required’ delivery. Meal plan order (weekly subscription delivery) will be scheduled for Friday deliveries (with approximately 48 hours of transit time), and ‘A la Carte’ orders (one-time delivery) will be scheduled for delivery within 3-5 business days after I place my order. Delivery schedules can be altered upon specific request to Fresh n’ Lean customer service. In the event of an order processing/or shipping delay, orders may be delivered on Saturday with a delivery notification from Fresh n’ Lean. If a meal plan package is misplaced or delayed, and the transit time allowed by Fresh n’ lean, arrangements can be made for a replacement package to be shipped. Modification to my delivery schedule may result in additional shipping charges.

Content

The Content on this Site and elsewhere is offered for informational purposes only. All information is subject to the disclaimers contained herein, whether expressly stated or not.

Interactive Services

Interactive Services refers to comment sections and other interactive areas of our Site. When using such sections, you agree to remain in compliance with all applicable laws and regulations. You are solely responsible for your comments, opinions, statements, feedback and other content (collectively, “Feedback”) posted by and through Interactive Services. Fresh n’ Lean shall not be liable to you, any other user or any third party for any claim in connection with your use of, or inability to use, the Interactive Services. Company does not monitor Feedback submitted by users. Company operates the comment sections of the Site and elsewhere as a neutral host. You agree that Fresh n’ Lean shall have no obligation and incur no liability to you in connection with any Feedback appearing in or through Interactive Services. Company does not represent or warrant that he Feedback posted through the Interactive Services is accurate, complete or appropriate. Company reserves the right to remove Feedback from the Site and/or at any time and for any reason, in our sole discretion.

You agree to use the Interactive Services in a manner consistent with any and all applicable laws and regulations. In connection with your use of the Interactive Services and other of the Fresh n’ Lean Offerings, you agree not to: (a) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (b) display any audio files, text, photographs, videos or other images containing confidential information; (c) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (d) impersonate any person or entity; (e) “stalk” or otherwise harass any person; (f) engage in unauthorized advertising to, or commercial solicitation of, other users; (g) express or imply that any statements that you make are endorsed by Company; (h) collect personal information of other users (i) use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve information (j) post or distribute copyrighted material, trademarks or other proprietary information (k) remove any copyright, trademark or other proprietary rights notices contained on Site or elsewhere; (l) interfere with or disrupt Company’s Site and/or the servers; (m) post, offer for download, e-mail or otherwise transmit material that contains malicious agents (n) post, offer for download, transmit, promote or otherwise make available anything illegal; (o) “frame” or “mirror” any part of the Site (p) modify or reverse engineer any software on Site or elsewhere. Company reserves the right to pursue any and all legal remedies against users that engage in the aforementioned prohibited conduct.

By submitting or posting content to the Interactive Services, you grant Fresh n’ Lean and its representatives the irrevocable, perpetual, worldwide right to reproduce, display, distribute, adapt, and promote any posted content in any medium. Once you submit or post content to the Interactive Services, Company will not give you any right to inspect or approve uses of such content or to compensate you for any such uses.

You are solely responsible for anything you may post on the Interactive Services.

Fresh n’ Lean is not responsible for, and does not endorse, content in any posting made by other users on the Interactive Services. You are solely responsible for your reliance on anything posted by another user on the Interactive Services. Under no circumstances will Company 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 on any content posted by a third party on the Interactive Services.

Company may cooperate with law enforcement or court order. We may disclose the identity or other information of anyone posting any materials on or through the Interactive Services.

YOU WAIVE AND HOLD FRESH N’ LEAN HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FRESH N’ LEAN, DURING OR AS A RESULT OF ITS INVESTIGATIONS. YOU ALSO WAIVE AND HOLD FRESH N’ LEAN HARMLESS FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS.

Company has the right to terminate your account and your access to Interactive Services for any reason and with no warning.

Fresh n’ Lean Intellectual Property

The Site and all content contained herein is the sole and exclusive property of, or duly licensed to, Fresh n’ Lean. Redistribution, retransmission or publication of any copyrighted material is strictly prohibited. You agree not to change or delete any proprietary notices from materials downloaded from the Site.

Fresh n’ Lean Materials (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Fresh n’ Lean. They are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

This Agreement allows you access to the Site for personal, non-commercial use only. Any use of the Site not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.

Trademarks

The Fresh n’ Lean name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Fresh n’ Lean. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

Policy/DMCA Compliance

If you believe any materials accessible on this Site to infringe on your copyright, you may request removal by contacting Company. Please provide:

Information about the work that you believe to be infringed; information about the material that you believe to be infringing; your name, address and contact information.

A signature or the electronic equivalent from the copyright holder or authorized representative.

Changes to this Site

We may make any changes to the Content of this Site or elsewhere with no notice or express statements.

Links from this Site

Links to external parties or sites are provided for your convenience only. They do not imply affiliation or endorsement.

Warranties

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000.00 USD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; ( 5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Governing Law and Jurisdiction

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the the State of California, without regard to its conflict of law principles.

Resolving Disputes — Arbitration

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in USA County, CA. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Alameda County, CA, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Telephone Calls and SMS Text Messages

You may provide us with a telephone number. We may send you text messages if you consent to receive them. All calls to and from Fresh n’ Lean may be recorded.

We may send you promotional text messages. You can opt out by texting STOP in response. Message and data rates may apply.

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