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Terms of Service

This Terms of Use Agreement (“Agreement”) forms a binding agreement between Fit & Fresh, Inc. (hereinafter collectively referred to as “Fit & Fresh, Inc.,” “we” or “us”), which has developed and owns the website located at http://www.fit-fresh.com andhttp://shop.fit-fresh.com (the “Sites”), and you (“you” or “User”), as a user of the Site. By using these Sites, you signify your consent to this Agreement. If you do not agree to this Agreement, please do not use these Sites. Please read this Agreement carefully before using these Sites or the services available at these Sites. By using or visiting these Sites, or making a purchase from http://www.fit-fresh.com, you confirm your acceptance of the terms of this Agreement.


By visiting these Sites, posting or viewing any content on these Sites and/or by making a purchase on these Sites, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by this Agreement and each of its terms. If you do not agree with the terms of this Agreement, please do not use these Sites. And by continuing to use any of these Sites after we post any changes, you accept this Agreement, as modified.


Purchase Terms - From time to time, Fit & Fresh, Inc. may have to cancel or refuse an order placed by you. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In such an instance, if practical, we will notify you of our reasons for cancelling or refusing the order. We will do so via the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.


Intellectual Property Rights - As between you and Fit & Fresh, Inc., the content, photographs, images, data or other materials (“Content”) that are made available through the Site are the property of Fit & Fresh, Inc., and are protected by U.S. and foreign copyright, trademark and other intellectual property laws.


Trademarks - MEDPort®, Fit & Fresh®, Fresh Starts™, Lunch Launchers™ and any other name on these Sites that contain a trademark symbol are registered to Fit & Fresh, Inc. the owner of the marks and may not be used without prior written permission.


Colors and Product Information - We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate. Further, occasionally there may be information on our Sites that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).


Certain products are available exclusively online through http://www.fit-fresh.com. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy.


Disclaimer of Warranties - FIT & FRESH MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." FIT & FRESH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. FIT & FRESH DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THE SITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THE SITE OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. FIT & FRESH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FIT & FRESH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.


Limitation of Liability - UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FIT & FRESH BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF FIT & FRESH OR A FIT & FRESH AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FIT & FRESH'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.


Indemnification - You agree to indemnify us, defend us, and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you, or any use or misuse of the Site for which you may be responsible. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to these indemnification obligations, in which case you will fully cooperate with us in asserting any available defenses.


Online Conduct - User agrees to use these Sites only for lawful purposes. User is prohibited from posting on or transmitting through these Sites any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.


If Fit & Fresh, Inc. is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User, Fit & Fresh, Inc. may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Sites. Fit & Fresh, Inc. may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate these Sites; or (iii) to protect the rights or property of Fit & Fresh, Inc., the Sites, its Users or Providers.


Fit & Fresh, Inc.reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, these Sites, the communities that make up fit-fresh.com, or any rights of Fit & Fresh, Inc.or its affiliates or any other party, or to violate any applicable law. Notwithstanding the foregoing, neither Fit & Fresh, Inc. nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Fit & Fresh, Inc., nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on these Sites.


Usage by Children under 13 Years Old - EACH TIME YOU PURCHASE A PRODUCT AT HTTP://SHOP.FIT-FRESH.COM, YOU ARE REPRESENTING TO FIT & FRESH THAT YOU ARE AN INDIVIDUAL 13 YEARS OF AGE OR OLDER.

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