These Terms and Conditions govern your use of the Meals to Heal, LLC website (http://www.meals-to-heal.com) (the “Site”). Please carefully read them prior to using the Site or creating an account.
IMPORTANT HEALTH INFORMATION
The Site is a comprehensive oncology nutrition website designed for cancer patients and their caregivers to enable home delivery of nutritious meals, provide information on nutrition and cancer and to facilitate access to credentialed and experienced oncology nutrition professionals. Nothing contained on the Site is intended to provide medical diagnosis or treatment. You may not create a meal delivery account if you (a) are unable to benefit from home delivery of our meals; (b) have been told by a doctor to follow a sodium restricted diet of less than 2500 mg sodium daily; (c) have been clinically diagnosed with severe malnutrition and/or cachexia, (d) are on enteral or parenteral nutrition, (e) currently have any of the following medical conditions: acute renal failure, bone marrow transplant less than 100 days from today, bowel obstruction, chronic renal insufficiency, colostomy, end stage kidney disease, end stage liver disease, gastrectomy (stomach removed), gastric bypass surgery less than 365 days from today, HIV+/AIDS, ileostomy.
You should consult your oncologist before ordering our home meal delivery or making any changes in your diet as a result of information on the Site. Those discussions should include any dietary restrictions or existing health conditions that you have (including, but not limited to, diabetes; food allergies; gluten free dietary restriction; Kosher dietary restriction; lactose intolerance; pregnancy; vegan or vegetarian dietary restriction). If there is a change in your medical condition during the time you are ordering our home meal delivery or using the Site in any way, you should promptly consult your physician or oncologist so they can advise you whether you should continue to order home delivery of Meals to Heal’s meals. Some changes in your medical condition may make it necessary for you to make changes to your diet that are inconsistent with our meals. You should follow the advice of your health care provider.
It is also important to note that all Meals to Heal home delivered meals are consistent with American Dietetic Association guidelines. Home delivery of meals is not prescriptive, nor does it replace professional medical advice from your physician, oncologist or dietitian.
You must be located within the United States and be a resident of the United States to use this Site.
AGREEMENT TO TERMS
By using or creating an account with the Site, you agree to all of the Terms and Conditions listed here. In addition, you reaffirm your acceptance of all former and current Terms and Conditions each time you log in or use the Site. If you do not want to be bound by these Terms and Conditions, you must terminate your account and discontinue your use of the Site. You must accept these Terms and Conditions prior to creating an account to use the Site.
In our sole discretion, Meals to Heal, LLC (“Meals to Heal”) may change these Terms and Conditions at any time. Modifications to the Terms and Conditions will be effective immediately upon posting; and through the act of your continued use of the Site, you agree to the new posted Terms and Conditions. Remaining informed of any changes to the Terms and Conditions is the sole responsibility of you, the user. Discontinued use of the Site is your only remedy if you do not agree with the modified Terms and Conditions.
STATEMENT REGARDING FOOD ALLERGENS
The eight most common food allergens are as follows: milk, eggs, peanuts, tree nuts (such as almonds, cashews, walnuts), fish (like bass, cod, flounder), shellfish (including crab, lobster, shrimp), soy and wheat. If you are allergic to any of these foods, please be aware that we prepare foods in our kitchens using these ingredients, and while we make every effort not to do so, we cannot guarantee that there will not be any cross contamination with our other meals.
Food allergy reactions can range from mild to severe. If you have food allergies, we caution you to exercise extreme caution when ordering our home delivery meals. If your allergy is moderate to severe we cannot recommend our home delivery meals for you.
Individuals with allergies or other special medical conditions are urged to take extra precautions. Meals to Heal labels most products with the ingredients contained within. If you have adverse reactions to specific foods, it is your responsibility to be sure that you do not eat these foods. Meals to Heal cannot be held liable for any damages related to allergies or other medical conditions.
If you have any questions regarding food allergens in our home delivery meals please contact our customer service department at 888-721-1041.
GUARANTEE, DELIVERY, REFUNDS.
All Meals to Heal meals are prepared in a USDA-approved and inspected facility and designed by chefs and dietitians to be great tasting and nutritionally balanced. All meals are packaged utilizing a cutting edge, USDA-approved technology which guarantees your meals will stay fresh in your refrigerator (kept at 41 degrees or lower) for up to 14 days after you receive your food. No preservatives are added to any meal. Just the best and most fresh ingredients are use in creating each hand prepared meal!
Customer Service Pledge
Meals to Heal is committed to providing great tasting, fresh meals to all of our customers. We offer guidance through the program, promptly answer all your questions and even offer recommendations. Our priority is to make your experience with us both convenient and enjoyable. As a result, our friendly customer service representatives are eager to assist you seven days a week from 8 am EST to 11pm EST by email at email@example.com and by phone at 888-721-1041. Our goal is to help you manage your nutritional needs throughout your cancer treatment and beyond to help prevent recurrence.
Meals to Heal ships all packages via FedEx. All packages are shipped to the customer under ‘Shipper Release’. This is the process that allows FedEx to leave your package at your doorstep without obtaining a signature from you. Once the package has been left at your door, it is your responsibility. If you choose the ‘Shipper Required’ option, Meals to Heal cannot be responsible for your food’s freshness if you are not home at the time of delivery and FedEx must deliver your food the next day.
Meals to Heal’s products delivered by FedEx are perishable and should be refrigerated no later than the night of delivery. Occasionally, due to circumstances beyond Meals to Heal’s control, FedEx may not deliver packages on time and/or packages may get damaged during transit. We make all efforts to securely package our meals with sufficient amounts of gel packs in Styrofoam coolers. Meals to Heal can only guarantee that packages will be shipped out on time and in excellent condition. Tracking numbers are provided for every shipment that we send out. However, we cannot be responsible for the delivery service failures on the part of FedEx. In the rare event that FedEx fails to delivery a package on time or damages the package during transit, Meals to Heal cannot be held liable. Customers can file a claim of $100 (what the package is insured for) with FedEx. Similarly, any claim for a lost, stolen, missing, and/or damaged shipment is against FedEx and is NOT the responsibility of Meals to Heal, its officers, employees or members.
Meals to Heal’s meals are shipped on a weekly basis. Meals to Heal will NOT issue any refunds for any meals and/or shipments that have already been shipped. Meals to Heal charges customer credit cards two days before shipment. In order to not incur non refundable order and unwanted meal shipment, cancellations must be made one week prior to the next scheduled delivery date which is clearly indicated in the customer profile section of the website.
If you purchase a program at a promotional rate and successfully cancel part of that program in accordance with the Cancellation Policy, you will be prorated to the regular rate of the specific program you purchased for the portion of the program that you have already received or is en route at the time of cancellation.
Each week Meals to Heal will ship your package of food to the address you have requested. Since shipments are done on a weekly basis, we must be notified by phone of cancellation requests by 1pm Eastern Time one week prior to the next scheduled delivery date which is clearly indicated in the customer profile section of the website. All cancellations are subject to the terms of our Refund Policy. If dissatisfied, please understand that you MUST cancel your service by one week prior to the next scheduled delivery date which is clearly indicated in the customer profile section of the website.
Meals to Heal will do its best to get you every item that you requested for your order. Sometimes fresh ingredients may not be available or there will be other circumstances which require Meals to Heal to substitute items in your order.
RELIANCE ON INFORMATION & YOUR RESPONSIBILITY TO PROTECT YOUR ACCOUNT
The Site includes medical and scientific information, including information created by third parties such as peer reviewed journal articles and abstracts. This information is intended to be educational in nature and is not intended to provide medical advice to any individual. You should rely on the advice of your health care providers to determine the treatments and dietary recommendations that are right for you. Please consult your health care provider before making any changes in reliance on information on the Site.
Account Protection: Your Responsibilities
You will be asked to create a user name and password when you create an account to use the Site. Your user name and password will be used each time you log in to the Site after creating an account. It is your responsibility to maintain the confidentiality and security of your user name and password. In addition, you are solely responsible for all account activity, whether the account is used by you or by any other individual using your password. Should losses be incurred by Meals to Heal or any other party as a result of your failure to safeguard your user name and password, you agree to indemnify and hold Meals to Heal harmless for those losses. Meals to Heal understands that in some instances you may wish to provide your caregivers or health care providers with access to information stored in your account. You can modify your account settings to provide caregivers or health care providers with access to your stored information. To do so, you must provide us with an email address for each individual you wish to provide with access to your account. Meals to Heal will use the email address to provide the caregiver or health care provider with a secure link. Using the link, your caregiver or health care provider will be able to create an account allowing them to access your stored information using their own secure password.
Use of Remarketing with Google
Meals to Heal collects analytics data and cookies captured by Google to serve ads based on a user’s prior visits to our Web site. This information is anonymous and Meals to Heal uses this information only internally – to deliver the most effective advertising content to our visitors. Meals to Heal never gives away information about our customers. Meals to Heal does not require that you accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept.
CONTENT POSTED BY YOU, THE USER
This Site does not typically include interactive pages where Site users and professional care providers are able to post content to public facing web pages. However, if you are invited to post content to the Site, you should post only content that you created or that the content’s owner or creator has authorized you to post. Content that is illegal or that violates these Terms and Conditions must not be posted on or distributed using the Site under any circumstances. By the action of posting to or distributing content using the Site, you represent and verify that: (a) you are the owner of all rights to the content or have been authorized to use the content and to post it to the Site, (b) no copyright or other third-party right is infringed upon by the posting or distribution of the content, and (c) the posting or distribution of the content does not violate any applicable law or regulation.
By the act of content submission or posting to the Site, you grant to Meals to Heal, its owners, affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide right to use, reproduce, display, perform, distribute, adapt, and promote the content in any medium. Meals to Heal is not obligated to give you any right to inspect or approve uses of any posted content, nor is Meals to Heal obligated to compensate you for any use of content you have posted to the Site. All right, title, and interest in any compilation, collective work or other derivative work created by Meals to Heal using or incorporating content posted to the Site is owned exclusively by Meals to Heal.
CONTENT POSTED BY PROFESSIONAL CARE PROVIDERS OR OTHER USERS
Content in any posting to the Site made by professional care providers or other users is not endorsed by, or the responsibility of, Meals to Heal. Your reliance on anything posted by another member on the Site is your sole responsibility. Meals to Heal will not be held liable under any circumstance, directly or indirectly, for any loss or damage caused or alleged due to the use of or reliance on any third party content posted on the Site.
Please contact Meals to Heal promptly at firstname.lastname@example.org — if you are aware of any misuse or abuse of the Site by any person.
You should contact your doctor before following any information or advice posted by any user on the Site.
PROHIBITED ACTIVITIES ON THE SITE
The Site may include bulletin board services, forums, communities and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group. You agree to use these services only to post, send and receive messages and material that are proper and related to the particular services.
Users are prohibited from using these services in particular or the Site in general to engage in illegal activities or activities prohibited by these Terms and Conditions. Meals to Heal has the right to investigate and terminate the account of, or take appropriate legal action against, anyone who, in Meals to Heal’s sole discretion, engages in any illegal or prohibited activities. Prohibited activities include – but are not limited to – the following:
- Using the Site for any purpose which violates local, state, national, or international laws;
- Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Meals to Heal in its sole discretion or pursuant to local community standards;
- Impersonating another person or otherwise representing yourself as someone other than yourself;
- Distributing viruses or other harmful computer code;
- Advertising or offering to sell or buy any goods or services for any business purpose;
- Conducting or forwarding surveys, contests, pyramid schemes or chain letters;
- Harvesting or collecting information about others, such as e-mail addresses or names;
- Allowing any other person or entity to use your identification/account/password to post or view comments or to use the Site;
- Giving or purporting to give medical advice to any individual;
- Harassing, threatening, stalking, or abusing any person; or
- Engaging in any conduct which restricts and/or inhibits another person from using or enjoying the Site, or which, at the sole discretion of Meals to Heal, exposes Meals to Heal, its customers, or suppliers to any type of liability or detriment.
Meals to Heal maintains the right-but is not obligated–to do any or all of the following:
- Record dialogue or content posted on any page of the Site;
- Investigate an allegation that a posted item on the Site is in violation of these Terms and Conditions and remove any violative posting in its sole discretion;
- Remove any and all postings which are abusive, illegal, or disruptive, or that otherwise violate these Terms and Conditions;
- Terminate a user’s access to the Site upon any violation of these Terms and Conditions; and
- Monitor, edit, or delete any posting on the Site.
Meals to Heal Copyrights
All content on the Site is subject to copyright protection as a collective work under the laws of United States and other applicable copyright laws. Meals to Heal holds the copyright to the collective work. The collective work includes works which may be property of other members that have been voluntarily posted to the Site. You may not copy, modify, upload, download, post, transmit, republish or distribute any of the content, including without limitation the code, contained in the Site without our prior written permission except for your own personal, non-commercial purposes. Except as provided in the preceding sentence, nothing contained in this Site shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of Meals to Heal or any third party. You agree not to alter or delete any proprietary notices from materials and content downloaded from the Site. Please be advised that Meals to Heal actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
“Meals to Heal” is a service mark of Meals to Heal, LLC. All product names, regardless of whether or not they appear in large print or with the trademark symbol, are trademarks of Meals to Heal or its vendors, licensors or joint venture partners unless otherwise noted. All other service marks, trademarks and trade names are property of their respective owners. The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statues, and other laws, statues and/or regulations.
Third Party Web Sites & Links
Copyright Protection Of Others
If you believe your copyright has been infringed upon by any materials accessible on or from the Site, you can request removal of those materials (or access thereto) from this Site by contacting Meals to Heal and providing the following information:
- Identification of the copyrighted work you believe to have been infringed. Include the description of the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material on the Site that you believe to be infringing and its location. Please describe the material, and provide us with its URL and other pertinent information that helps to locate the material.
- Your name, street address, telephone number(s), and e-mail address.
- Your written statement of a good faith belief that the complained of use of the materials was not authorized by the copyright owner, its agent, or the law.
- A written statement that all information supplied by you is accurate, and specifying that “under penalty of perjury,” you are the copyright owner or are authorized to act on behalf of the copyright owner.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by registered mail to Meals to Heal, LLC, 590 Madison Avenue, Suite 2160, New York, NY 10022, Attention Copyright Matters. In effort to protect copyright owners’ rights, Meals to Heal has and enforces a policy for the termination of the accounts of users of the Site who are repeat infringers.
LEGAL ISSUES AND GOVERNING LAW
These Terms and Conditions shall be governed in accordance with the laws of the State of New York. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms and Conditions and/or your use of the Site resides in the courts located in the State of New York. You further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.
In the event that any provision of these Terms and Conditions is found to be invalid by any court of competent jurisdiction, the invalidity of such provision will not affect the remaining provisions of these Terms and Conditions, which will remain in effect and fully valid.
Meals to Heal and HIPAA
Unlike a doctor or a health plan, Meals to Heal is not regulated by the Health Insurance Portability and Accountability Act (HIPAA), a federal law that establishes data confidentiality standards for patient health information. This is because Meals to Heal does not store data on behalf of health care providers. Instead, our primary relationship is with you.
Although Meals to Heal Health is not covered by HIPAA, we are committed to your privacy and have in place strict data security policies and measures. These policies ensure that you control access to your information. We let users know what information we collect when they use the Site, how we use it, and how we keep it safe. Each user chooses who views or adds information to their profile, and they can revoke access to their profile at any time.
We do not sell your information, and we do not share it with other individuals or service providers unless you explicitly authorize us to do so. In limited circumstances, however, we may be required by law or by order of a court of competent jurisdiction to disclose your personal information, and we will comply with such laws or court orders. A user’s personal data are stored in their secure account and cannot be accessed by others through a search on Meals to Heal.com.
The Site and all content on the Site are on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, MEALS TO HEAL, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS 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. Meals to Heal makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. Meals to Heal cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Meals to Heal cannot and does not guarantee or warrant that files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Meals to Heal cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. Meals to Heal does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.
Limitation of Liability
MEALS TO HEAL’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE IS TO DISCONTINUE YOUR USE OF THE SITE. MEALS TO HEAL AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF MEALS TO HEAL HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. 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, MEALS TO HEAL AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to release, defend, and hold Meals to Heal, its officers, directors, employees, agents, licensors, partners, customers, and suppliers (collectively “Meals To Heal Indemnitees”), 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 use of the site and/or violation of these Terms and Conditions. Other Users also agree to release, defend, and hold Meals to Heal Indemnitees harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, made against Meals to Heal Indemnitees by the principal of any Other User or in any way relate to the Other User’s use of the site and ordering of food or services for any person.
Meals to Heal has the right to terminate your account and access to the Site for any reason and without limitation, including if in its sole discretion Meals to Heal deems your use of the Site to be unacceptable, or in the event of your violation of the Terms and Conditions (directly or through violation of other terms and conditions or operating rules which apply to you). Meals to Heal may, but is not obligated to, provide you with warning prior to termination of your use of the Site. In the event of termination, refund of any prepaid, undelivered meals will be subject to the Meals to Heal Cancellation Policy.
Meals to Heal may give notice to you pertaining to these Terms and Conditions via general user notice posted on the Site, electronic mail to the e-mail address provided by you; or by written notice delivered by first class U.S. mail to the mailing address on record in your Meals to Heal account. Any notice to Meals to Heal pertaining to these Terms and Conditions should be given by registered U.S. mail at: 590 Madison Avenue, Suite 2160, New York, NY 10022.