Terms & Conditions

This page tells you the terms and conditions upon which we will supply to you the products (Products) listed on our website http://www.fueltofit.com (our Site) via one of our subscription Plans (Services). Please read these terms and conditions carefully before ordering any Products from our Site or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

By completing an order, you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you should not order any Products from our Site.

 

IMPORTANT: BY USING THE FUEL TO FIT PRODUCTS OR SERVICES, YOU AGREE TO RESOLVE ALL DISPUTES WITH FUEL TO FIT THROUGH BINDING ARBITRATION, NOT IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS. THE EXCEPTIONS AND WAIVERS ARE DETAILED IN THESE TERMS.

Blog posts and other Content on the Site or in the App may contain recipes, meal recommendations, dietary advice (collectively, the “Dietary Advice”) and the food products delivered in connection with the Fuel to Fit Service (collectively, the “Dietary Options”) will contain various ingredients. You should always consult with your physician or other healthcare professional before adopting any Dietary Advice or partaking in any Dietary Options, whether offered by and through the Plated Offerings or otherwise. The Dietary Advice and/or Dietary Options may include ingredients that you are allergic to. You should always check the ingredients associated with any Dietary Advice and Dietary Options to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health event, promptly contact your health care provider.

All eight (8) major U.S. allergens as determined by the U.S. Food and Drug Administration (“FDA”) (milk, wheat, egg, soy, fish, shellfish, peanuts and treenuts) are stored, portioned and packed in each of Fuel to Fit’s facilities. Although Fuel to Fit takes precautions to limit the potential for cross-contamination, cross-contamination may occur between food products, allowing meals or other products offered in connection with the Fuel to Fit Service to contain some or all of those allergens.

Facebook® and Instagram® are registered trademarks of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Pinterest® is a registered trademark of Pinterest, Inc. (“Pinterest”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Snapchat® is a registered trademark of Snapchat, Inc. YouTube® is a registered trademark of Google, Inc. (“Google”). Please be advised that Plated is not in any way affiliated with Facebook, Google, LinkedIn, Pinterest or Twitter, and the Fuel to Fit Offerings are not endorsed, administered or sponsored by any of those parties.

Information About Us

We, Fuel to Fit LLC (Fuel to Fit), are a limited liability company incorporated in Arizona. We operate the website http://www.fueltofitcom.

Fuel to Fit, LLC

Scottsdale, Arizona

Info@fueltofit.com

(480)800-9724

For issues and cancellation please contact:

Info@fueltofit.com

Mailing Address:

P.O. Box 664

Scottsdale, AZ 85252

Service Availability

Our Site is only intended for use by people residing in the United States of America (Serviced Countries). We do not accept orders from individuals outside the Serviced Countries.

Your Status

By placing an order through our Site, you warrant that:

You are legally capable of entering into binding contracts; and

You are at least 18 years old;

You are resident of a Serviced Country; and

You are accessing our Site from a Serviced Country.

Health Information

Fuel to Fit does not imply, suggest or represent that any of our programs have been approved for any individual use by one of our doctors, medical staff, supervisors or staff members. IF YOU HAVE ANY MEDICAL CONDITIONS, WE RECOMMEND AND IN SOME CASES REQUIRE YOU TO SEEK PHYSICIAN APPROVAL PRIOR TO STARTING A DIET PROGRAM.

Fuel to Fit provides weight loss and health information solely for informational purposes. Weight loss and health results are not guaranteed. Actual results will vary widely from individual to individual. By purchasing from Fuel to Fit, you acknowledge that Fuel to Fit does not make any claims, guarantees, explicit or implied, for any specific results. Failure to lose weight or meet your desired results will not be grounds for a refund or to seek any damages against Fuel to Fit.

It is further agreed that all food shall be consumed at the member’s sole risk. Notwithstanding any meal or snack that is eaten. Meals have a best by date on them and heating instructions are listed in FAQ on our web site at fueltofit.com. Improperly stored food, improperly eaten food, undercooked food, and the manner in which food is consumed are the sole risk of the member at fueltofit.com.

Nutrition Information

Please note that nutritional information on our site reflects recent updates to meals based on evolving ingredients. The nutritional information for meals at the time of their preparation is reflected on the labels on our meal containers.

The Agreement Between You and Fuel to Fit, LLC (Fuel to Fit)

After placing an order through our standard order form on our Site, you will receive an e-mail from us acknowledging that we have received your order (Acknowledgement). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products by subscribing to a Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted (Confirmation). The contract between us (Contract) will only be formed when we send you the Confirmation. Note that the Acknowledgement and the Confirmation may be contained in the same email.

The Contract will relate only to those Products whose dispatch we have confirmed in your account. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Confirmation.

Fuel to Fit Products are available for purchase by way of logging on to FueltoFit.com and manually placing weekly orders and choosing a specific delivery/pick-up date or by setting up a subscription to one of our Plans for recurring payment.

Choosing to place weekly orders requires you to submit your meal choices and delivery date online at fueltofit.com each week as chosen by you. Orders can be placed online at fueltofit.com 7 days a week 24 hours a day. Orders must be placed before the Order Deadline in order to be received on the desired Delivery On day. The order placement and delivery schedule is as follows:

Order Deadline (AZ Time Zone)

For Delivery On…

Monday order by 2pm Saturday

Wednesday order by 12pm Tuesday

Fuel to Fit charges your debit or credit card provided to us immediately after your order is placed regardless of the delivery date you have chosen. This is a one-time fee for each week you manually submit an order of our Products. Once the order is confirmed by Fuel to Fit we will send you a confirmation email with the details of your order. Any cancellations or revisions must be made prior to receiving the confirmation email or as described in the confirmation email, if applicable. Orders placed manually each week are not eligible for a refund unless specifically approved by Fuel to Fit. If you need to cancel or revise your order, please contact us immediately to discuss options if available. You can call (480)800-9724 or email Info@fueltofit.com and our support team will be happy to assist.

You may also choose to subscribe to one of our meal Plans on a recurring basis. This option requires you to log on to your Fuel to Fit online account to place your order for the following week. You may also choose to have the same meals delivered automatically each week without having to login and choose meals every week.

The subscription to our Plan (Services) consist of an initial charge followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Fuel to Fit may submit periodic charges (e.g., weekly) without further authorization from you, until you provide advance notice that you wish to terminate this authorization or wish to change your payment method. Such notice will not affect charges submitted before Fuel to Fit reasonably could act. To terminate your authorization or change your payment method, log on to your Fuel to Fit account or email Info@fueltofit.com.

By subscribing to our Services you are agreeing to make a one-time payment or pay recurring periodic subscriptions for an indefinite time until cancelled by you or us, on the subscription terms set out in the application form you have completed, subject to variation in accordance with this agreement. You can cancel your subscription at any time, provided that you do so within the applicable cancellation notice period, as defined in in this agreement. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.

Auto-renewal. Following your initial subscription period, your subscription will have the option to be extended for successive renewal periods of the same length, at the then-current non-promotional subscription rate. To cancel your subscription, you must email Info@fueltofit.com and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.

Fuel to Fit 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 in accordance with the “Notice” section of these Terms and Conditions. Price and Plan changes will take effect as of the next billing period following the date on which Fuel to Fit provided notice to you of the price or Plan change. By continuing to use Fuel to Fit 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 cancelling your subscription(s) prior to the effective date of the price or Plan change. Please make sure you read any notifications of price or Plan changes carefully.

Risk and Title

The Products will be at your risk from the time of delivery.

You, and not Fuel to Fit, are solely responsible for the proper and safe washing, preparation, storage and cooking of the Products. By ordering any of our Products, you agree to use our Services and Products at your own risk.

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

Price and Payment

The price of the Products and our delivery charges, if any, will be as quoted on our Site from time to time, except in cases of obvious error.

Product prices and delivery charges, if any, are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.

Payment for all Products and Services must be by credit or debit card. We accept payment with American Express, Visa, Mastercard, and PayPal. We reserve the right to change the payment methods we accept at any time. We will charge your debit or credit card immediately after you place your order regardless for initial payments and one-time fees. If you choose to set up an automatic recurring weekly meal Plan you will be charged each week on the Friday before your meal is scheduled for delivery.

By providing your credit or debit card information (or other payment method accepted by Fuel to Fit from time to time) when you sign up, and as updated from time to time on your Account page (your “Payment Method”), you authorize Fuel to Fit and/or our third-party payment processor to charge your Payment Method as provided in the Agreement. If your Payment Method cannot be authorized or is otherwise in error, we may suspend or cancel your Delivery for the affected weeks. In the event of such failure of your Payment Method, we may take reasonable steps to retry your Payment Method. We may contact you to reconfirm or update your Payment Method. We are not responsible for any fees incurred by you when charging or retrying your Payment Method, including but not limited to, overdraft fees. You can update or change your Payment Method and other billing and payment account information by visiting your Account page on the Site or App, as applicable. In the event any such update or change is made after the Cut Off Time (as defined below) for your next scheduled Delivery, such update or change may not take effect immediately. Your right to use the Fuel to Fit Service is subject to limits established by Fuel to Fit and/or by the issuer of your Payment Method.

Changes to, or cancellations of, your Plan, or requests to skip any weekly Delivery of your Fuel to Fit Subscription Service, must be received by Fuel to Fit by 12:00 p.m. in your Arizona Time at least six (6) days before your next scheduled delivery date, in order to take effect prior to the next scheduled Delivery (the “Cut Off Time”). If you do not submit such cancellation, skip or change request before the Cut Off Time, your weekly Delivery will be shipped and you will be charged your Plan Rate as provided in the Agreement, and if you requested to change or cancel your Plan, such change will not take effect until the week following your next weekly Delivery.

Credits and Refunds

If you are not satisfied with a meal for any reason, please contact our customer service team at Info@fueltofit.com. You must report your issues within 5 days of the meal being delivered. Depending on the circumstances, we will provide you a full or partial credit or refund of the purchase price for that delivery. We reserve the right to reject requests deemed to be fraudulent.

Pick up orders must schedule a specific day and time at checkout to pick up food. Orders not picked up during your initially scheduled time will not be eligible for a credit or refund.

Warranty

We warrant to you that any Product purchased from us through our Site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

Our Liability

If we fail to comply with these terms and conditions we shall only be liable to you for, at most, the purchase price of the Products.

Nothing in this agreement excludes or limits our liability for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.

Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices

All notices given by you to us must be given to Fuel to Fit, LLC at support@fueltofit.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified herein. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or on the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of Rights and Obligations

The contract between you and us is binding on you and us and on our respective successors and assignees.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.

You may print off one copy and may download extracts of any pages from our Site for your personal reference. You must not use any part of our copyright materials for commercial purposes without Fuel to Fit written approval.

If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorize us to quote from your Commentary on our Site and in any advertising or social media outlets which we may create or contribute to.

Voucher, Promotions, & Gift Cards

We may offer gift cards, discount promotions and other types of voucher (Voucher) which require to be activated by online application in order for the holder to commence delivery of Products through a Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence.

A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.

We reserve the right to withdraw or deactivate any Voucher (other than a paid-up gift card) for any reason at any time.

Vouchers may only be redeemed through our Site and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.

Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, if any, which will be chargeable at normal rates.

Referrals

Fuel to Fit referral links should only be shared with your personal connections via email, your own social media networks, and personal blogs wherein you are the primary content owner. Public distribution on sites where you are not the primary content owner, e.g. Fuel to Fit’s social media pages and coupon websites, is not allowed. Fuel to Fit reserves the right to suspend your account and/or revoke any and all referral credits at any time if we feel your credits were inappropriately earned.

Events Outside Our Control

We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

Strikes, lock-outs or other industrial action;

Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

Impossibility of the use of public or private telecommunications networks; and

The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Availability and Delivery. Your order will be fulfilled by the delivery date set out in the Confirmation or as agreed upon by you and Fuel to Fit, absent the occurrence of a Force Majeure Event. In the event of a Force Majeure Event, we are not liable for the cost of any compromised or failed deliveries; however, we reserve the right to refund you for all or part of any such compromised or failed deliveries as we see fit.

Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

A waiver by us of any default will not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with this agreement.

Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

Nothing in this clause limits or excludes any liability for fraud.

Our Right to Vary These Terms and Conditions

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

Disputes

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND FUEL TO FIT MAY HAVE AGAINST EACH OTHER ARE DETERMINED.

Agreement to Arbitrate

You and Fuel to Fit agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the Fuel to Fit Terms, your use of Fuel to Fit Site or Services, or to any products sold or distributed by Fuel to Fit or through the Fuel to Fit Site or Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.

The arbitration hearing will be held in the country in which you reside or at another mutually agreed location. You or Fuel to Fit may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Fuel to Fit subject to the arbitrator’s discretion to require an in-person hearing.

The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Fuel to Fit customers, but is bound by rulings in prior arbitrations involving the same Fuel to Fit customer to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.

Prohibition of Class, Representative, and Consolidated Actions

You and Fuel to Fit agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Fuel to Fit agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Fuel to Fit customers.

If for any reason a claim proceeds in court rather than in arbitration both you and Fuel to Fit each waive any right to a jury trial. You and Fuel to Fit also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Law and Jurisdiction

Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by United States law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the state of Arizona.

Promotional Emails

As a registered user of the Fuel to fit Services, you agree to receive promotional emails from Fuel to Fit from time-to-time. These promotional emails may include, but are not limited to: weekly menus, promotional offers, membership information, information about Fuel to Fit products and/or services or information about third party products and/or services that we think may be of interest to you. Fuel to Fit will never sell, rent or share your email address except to the limited extent set forth in the Privacy Policy, or otherwise in the Agreement, or in cases in which you have otherwise consented for Fuel to Fit to do so.