terms & conditions
For the www.eatoffbeet.com website.
We may update these Terms and Conditions from time to time at our sole discretion. The modified Terms and Conditions will be effective 15 days following posting and you agree to the new posted Terms and Conditions by continuing your use of the Site and/or placing an order. Each time you use the Site or place an order, you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound hereby. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. If you do not agree with the modified Terms and Conditions, you should stop using the Site.
YOU MUST CONSULT YOUR DOCTOR IF YOU ARE ON MEDICATION OR HAVE CERTAIN HEALTH
CONDITIONS PRIOR TO ORDERING ANY OFFBEET CONSUMABLE GOODS. FURTHERMORE,
MEAL PROGRAMS ARE NOT MEANT TO REPLACE OR SUPERSEDE DOCTOR-PRESCRIBED DIET
If you are taking medication, you must consult your physician before you start our meal programs. OffBeet’s programs does not replace a physician’s advice. If you are using our meal programs as part of a doctor-prescribed diet, you shall be ultimately responsible for ensuring compliance with such diet. Furthermore, if you have diabetes or other medical conditions of any kind, you shall be responsible for maintaining your diet to ensure compliance with the requirements of such conditions. Our meal recommendations shall not be deemed medical advice.
YOU ARE RESPONSIBLE FOR DETERMINING WHETHER ANY FOOD ALLERGIES MAY OCCUR.
Although we will provide ingredient lists when requested, OffBeet is not responsible for any allergic or adverse reactions you might have to our food.
Availability Although OffBeet takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. OffBeet is not responsible for unavailability of product due to popular demand, whether discontinued or still in production.
In the completion of orders, Eat OffBeet reserves the right to substitute a similar product. When making substitutions, Eat OffBeet takes great care to meet the requirements of your particular program or order. 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 for any/all of Eat OffBeet’s food products, including new and improved items, if you have any food allergies or if you are otherwise concerned about any particular ingredients.
Please Note: Eat OffBeet’s food items may contain or may have been manufactured in a facility that also processes: dairy, eggs, fish, shellfish, soy, and tree nuts.
Disclaimers, Indemnification and Limitation of Liability.
Disclaimer: This Site and the OffBeet program is provided by [insert name of Owner(s)] on an “as is” and “as available” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, OFFBEET, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND
FITNESS FOR PARTICULAR PURPOSE.
Indemnification: You agree to defend, indemnify and hold harmless [insert name of Owner(s)], it officers, directors, employees, agents, licensors, and suppliers, from and against any and all claims, actions, demands, liabilities, damages, settlements, costs and expenses, including attorneys’ fees, arising from, resulting from or related (directly or indirectly) to your use of the Site and the OffBeet program. Under no circumstances and under no legal or equitable theory, whether intort, contract, strict liability or otherwise, will [insert name of Owner(s)] 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 the OffBeet program, the use of or inability to use the Site, 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 [insert name of Owner(s)] has been advised of or should have known of the possibility of such damages.
Limitation of Liability: Meal programs are provided on an “AS IS” basis. We do not warrant the accuracy, truth or validity of the information contained in the meal programs. You acknowledge and agree that, due to possible human or mechanical error as well as other factors, we shall not be responsible for mistakes or omissions in the information provided along with the meal programs or any supporting ingredient lists or meal guides. IN NO EVENT SHALL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING NEGLIGENCE] OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE MEAL PROGRAMS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OFFBEETS’ AND ITS DIRECTORS’, OFFICERS’, EMPLOYEE’S OR AGENTS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Is OffBeet a registered trademark? If so, we will explain that the logo and name is protected. OffBeet is a trademark of [insert name of Owner(s)]. All rights reserved. All other logos, images and marks on this site are the property of their respective owners and no claim of ownership is being made. Users may not use any trademarks, logos or service marks displayed on the site for any purpose without written permission of [insert name of Owner(s)]. This website and its content, including editorial, graphics, banners, placement and design, are copyright [insert name of Owner(s)]. All rights reserved. The use of material, including, without limitation, logos, text, graphics and other copyrighted materials on the site, is limited to one copy for personal, non-commercial viewing and use only.
Severability: Should any term of these Terms and Conditions be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof, and the remainder of these Terms and Conditions shall continue in full force and effect.
Waiver: No waiver by OffBeet of any of the terms and conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of OffBeet to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
Governing Law: These Terms and Conditions shall be construed and governed in accordance with the laws of the United States and the State of California.
Disputes: Any dispute relating in any way to the use of our meal programs or to products you purchase through this website shall be submitted to confidential arbitration in Los Angeles, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, or as necessary to collect unpaid amounts payable, we may seek relief (including injunctive or other appropriate relief) in any state or federal court in California. You consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Notice: You may give notice to OffBeet at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: OffBeet, [insert address]. Complete Agreement: These Terms and Conditions constitutes the entire understanding between you and [insert name of Owner(s)] with respect to the use of the meal programs and other services offered on this website, or otherwise through OffBeet and its associated and affiliated offices, businesses, service providers, and it supersedes any prior or contemporaneous proposal, representation, or understanding between the parties, written or oral, regarding such subject matter. No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of [insert name of Owner(s)].