eChefMD Terms and Conditions of Use
Effective Date: August 1, 2020
- Acceptance of Terms
Before accessing and using the Website, please read these Terms carefully, because they form a legal agreement between eChefMD and you. These terms contain provisions that limit eChefMD’s liability to you.
BY USING THE WEBSITE, YOU AFFIRM THAT:
YOU HAVE READ AND UNDERSTAND THESE TERMS.
YOU WILL COMPLY WITH THE TERMS; AND
YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE WEBSITE.
The Website provides information about EChef MD, LLC, and its experts offering tips, knowledge, advice, and products. The Website also provides information regarding affiliates of eChefMD and third parties. The Website also may be used to place orders for products.
This website is offered and available to users who are 18 years of age or older and reside in the United States. By using this Website, you represent and warrant that you are of legal age to form a binding contract with eChefMD and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Website.
To access this Website or some of the resources offered on this Website, you may be asked to provide registration details. It is a condition of use of this Website that all the details you provide will be correct, current and complete. If eChefMD believes the details are not correct, current or complete, eChefMD has the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account.
Third-Party Content and Links
[The Website includes information provided by third parties, including opinions and advice of experts in different fields. eChefMD is not responsible for the opinions, statements, services, offers or other information provided by third parties.
The Website may contain links to other websites and services, including social media (collectively, “Linked Services”). eChefMD provides links to Linked Services for your convenience only. You access Linked Services at your own risk. Linked Services are not controlled by eChefMD, and eChefMD is not responsible for Linked Services or their content. Linked Services may have different terms and conditions and privacy practices that apply to their use. Unless expressly stated, eChefMD does not endorse any of the Linked Services. eChefMD does not investigate, verify or monitor the Linked Services. Please check the Uniform Resource Locator (URL) address provided in your browser to see if you have moved to another website or service.
NEITHER THE PUBLICATION OF THIRD-PARTY CONTENT OR ADVERTISEMENTS ON THE WEBSITE NOR LINKS TO THIRD PARTY WEBSITES CONSTITUTES AN ENDORSEMENT OF THE THIRD-PARTY OR ITS PRODUCTS OR SERVICES BY eChef MD, ANY AFFILIATED COMPANY OR BY ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS.
Disclaimer: No Medical Advice Provided
The content on this Website is provided for informational purposes only and is not intended to be a substitute for professional medical advice. This dietary program is not designed for use with children under the age of 18. You should consult your physician or other qualified health provider before beginning this or any other dietary program. At any time you have questions regarding a medical condition, you should seek the advice of your physician or other qualified health care provider. None of the contents of this Website are intended to be relied upon for medical treatment or diagnosis. Any opinions expressed on this Website are the opinions of the authors and neither eChefMD, their affiliated companies nor any of their employees assumes any liability for the contents of any materials provided on the Website. Reliance upon any opinion or advice provided on the Website is at your own risk. Neither eChefMD, their affiliated companies nor any of their employees assumes liability or responsibility for damage or injury to person or property arising from any use of any product, service, information or instruction contained on this Website.
Information Privacy and Protection
eChefMD takes reasonable precautions intended to help protect information that we process. Unfortunately, however, no security measure is 100 percent secure. We cannot guarantee the security of information processed by us. You are responsible for using the precautions best suited for your intended use of the Website.
Any passwords used for this Website are for individual use only. You shall be responsible for the security of your password (if any). Each user who uses your password will be deemed to be authorized by you to access and use the Website. eChefMD shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that eChefMD considers insecure, eChefMD will be entitled to require it to be changed and/or terminate your account.
Unauthorized access to password-protected areas of the Website is prohibited and may lead to criminal prosecution. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources or accounts. We may suspend your use of all or part of any of the Website, without notice, if we suspect or detect any breach of security.
If you believe that information you provided to eChefMD is no longer secure, or if you discover a security vulnerability in the Website, please contact [email protected].
Copyright and Trademarks
All content on the Website, including text, graphics, logos, button icons, images, video clips and audio clips (collectively “Content”), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Website are the property of eChefMD or companies with which it is affiliated, or third parties that have licensed Content and software for use on the Website. All Content and software are protected by U.S. and international copyright laws. The names, trademarks, service marks and logos (collectively, “Trademarks”) used and displayed on the Website, including, but not limited to, eChefMD®, and EChefMD.com™ are registered or unregistered trademarks of eChefMD, affiliated companies or third parties that have licensed the Trademarks for use on the Website. No license is granted for any further use of any Trademarks. All rights not expressly granted in these Terms are reserved.
Linking and Framing
Without the prior written permission of eChefMD, you may not link to or frame, or otherwise make it appear that a third party website of is presenting or endorsing any of the Content of the Website, or otherwise incorporate any intellectual property of eChefMD or any of its licensors into another website or other service.
Comments and Suggestions
We appreciate your comments and feedback about the Website. Please note that by providing comments, ideas or suggestions to us, you grant to us and our affiliates a non-exclusive, transferable, irrevocable, worldwide, royalty-free, perpetual license and right to use, modify, reproduce, disclose, publish and distribute such submissions for any purpose, without restriction, without compensating you in any way and without right of attribution. If you do not wish to grant us such rights, we ask that you not send us or post comments or other submissions, particularly any information you consider to be confidential or original creative material, such as scripts, story ideas, photographs or original artwork.
Please act responsibly when using this Website. You may only use this Website and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Website. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by eChefMD) or privately transmitted on or through this Website are the sole responsibility of the sender, not eChefMD, and that you are responsible for all material you upload, post or otherwise transmit to or through this Website.
Web Store Sales
All purchases from the web store at eChefMD.com are subject to these Terms. If you do not agree to any of these Terms, we will not be able to accept your order.
Product availability, product descriptions and product prices are subject to change by eChefMD at any time without prior notice. Some product descriptions and product images are provided to eChefMD by its vendors. EChefMD does not independently verify the accuracy of such product descriptions. EChefMD makes commercially reasonable efforts to keep product information current, but some information may be out of date from time to time. Certain weights, measures and similar descriptions are approximate and are provided for convenience only. PRODUCTS ARE NOT FOR RESALE. All books are sold for personal use and may not be copied for further distribution or sale. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Also, consult your physician or other qualified health provider before beginning any dietary program. You assume all risks arising from your use of any dietary program or instructions provided through the Website, including purchase from the Web Store.
Weight loss will vary for each client based on their individual weight, metabolism, age, activity level and commitment to their plan.
If you have a life-threatening allergy, please refrain from ordering eChefMD Programs. Our meals are produced in a facility that also handles eggs, seafood, dairy, soy, shellfish, nuts and tree nuts.
Order Acceptance and Shipping
All orders submitted through the Web Store or by calling Customer Service are subject to acceptance by eChefMD at its location. EChefMD will issue an electronic confirmation of order receipt. Confirmation of order receipt does not constitute acceptance by eChefMD. EChefMD may accept an order only by a written acceptance or by processing payment for or fulfilling the order. Products will be shipped only to locations in the United States. EChefMD cannot ship to post office boxes; we require a street address for shipping. Neither eChefMD nor any vendor will be responsible for fulfilling orders that cannot be shipped because of incomplete or inaccurate billing or shipping information.
If you place your initial order prior to Tuesday Noon ET, you agree to receive your first order that same week. Therefore, if you change your mind and your order cannot be stopped, you agree to accept the initial order.
For clarity, our Auto-delivery Program is one contract between you and eChefMD for the reoccurring shipping of our products rather than a series of separate contracts. All Auto-delivery Program plans purchased from www.eChefMD.com are automatically renewed each week. Reoccurring charges will be processed every Wednesday evening after the 5:00 pm EST deadline. You will be billed weekly the standard price listed on our website plus shipping. This charge will be for the following week's delivery. All programs purchased from www.eChefMD.com are offered as a recurring weekly subscription and subject to the Auto-delivery Program. If you do not wish your plan to renew automatically, you must contact customer service at 727-648-2791 prior to our posted deadlines.
New customers have until Sunday at Midnight ET, after you receive your initial package, to stop automatic renewal. All current customers have until Wednesday at 5:00pm ET, PRIOR to the next week's shipment, to stop automatic renewal. If you request to hold or cancel your order after our deadlines, you will receive one final delivery of our program. Because we offer fresh frozen entrees, we cannot allow entrees to be refused or returned.
You are able to place your reoccurring order on vacation hold or cancel your order as long as your requests are made within eChefMD's deadlines. Placing your order on a vacation hold could deactivate any ongoing coupons you might have used. You understand that, if you place a request to cancel your program after eChefMD's above deadlines, you agree to accept/receive your final shipment.
EChefMD makes every reasonable effort to deliver items you have requested for your order. Please note that product availability may change without notice. EChefMD reserves the right to substitute a similar item in your order, based upon your approved entrees.
Price and Payment
Product prices are subject to change from time to time by eChefMD without prior notice. The price charged by eChefMD for any product will be the price listed for such product in the Web Store catalog at the time an order is submitted to eChefMD. Product prices do not include shipping and handling fees or sales taxes. EChefMD will add shipping and handling charges to your order. If eChefMD is required to collect sales tax from you, eChefMD will also add sales tax to your order. Orders must include current, valid credit card information. By submitting an order to purchase products through the Web Store, you authorize eChefMD to charge to the credit card identified in your order the price for all products purchased in the order, plus all applicable shipping and handling charges and taxes.
Because we offer a customized fresh-frozen perishable program, we cannot accept returns or permit delivery cancellation for any reason after deadlines. If there are errors on your order, contact Customer Service to arrange a refund for incorrect meals shipped. If there is damaged product in your order, contact Customer Service to arrange a refund for damaged product; provided, however, that damage due to shipping problems or delays are the responsibility of UPS and a refund claim must be filed with UPS.
You agree that, if you dispute a charge with your credit card company, you will pay any charge back costs incurred related to reversed charges as well as the initial charge you are disputing.
Your use of the Website and the Web Store are governed by the following general terms.
eChefMD provides its services to you subject to these Terms. By using the Website and/or ordering any of our meal plans, you agree to be legally bound and abide by these Terms and Conditions. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time. By using this website after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. By agreeing to these Terms and providing your contact information, you also agree to receive our newsletters and special offers.
Warranties and Disclaimers
The Website is made available "AS IS." Neither eChefMD, any affiliated company nor any of their respective employees or agents makes any representations or warranties of any kind, express or implied, as to the operation of the Website or the Content or other information and materials included on the Website.
Warranties for the eChefMD products purchased through the Website are the responsibility of eChefMD. All products purchased through the Website and provided by third-party manufacturers, distributors or suppliers are limited to those warranties provided by such third parties of such products. We have no responsibility for such warranties, if any.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ECHEF MD, AFFILIATED COMPANIES AND THEIR RESPECTIVE EMPLOYEES AND AGENTS DISCLAIM ALL PRODUCT-RELATED AND WEBSITE USAGE WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY THAT THE SITE WILL OPERATE UNINTERRUPTED OR ERROR FREE. ECHEFMD DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY PRODUCT DESCRIPTION OR OTHER INFORMATION PROVIDED IN THE WEB STORE. ECHEFMD DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECTS, PRODUCT MISUSE OR ABUSE, IMPROPER PRODUCT SELECTION OR NON-COMPLIANCE OF ANY PRODUCT WITH APPLICABLE LAWS OR REGULATIONS. THIS DISCLAIMER SHALL BE LIMITED TO THE EXTENT (IF ANY) THAT IT IS PROHIBITED BY APPLICABLE LAW.
Limitations on Liability
The liability of eChefMD and its owners, officers, employees, agents, successors or assigns (the "eChefMD parties") to any purchaser or any other person for any claim arising in connection with a purchase through the web store shall be limited to actual damages in an amount not to exceed the purchase price paid to eChefMD for the product or transaction from which the claim arises or to which it relates. In no event shall any of the eChefMD parties be liable to any purchaser or to any person claiming by, though, under or on behalf of purchaser, for any indirect, special, punitive, incidental or consequential damages regardless of the legal theory on which such damages are claimed and whether or not any of the eChefMD parties were advised of the possibility of such damages.
In the event of any final determination that you are entitled to damages as a result of or in connection with your use of the Website, eChefMD, affiliated companies, third-party licensors of Content and their respective employees and agents shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500 in the aggregate.
UNDER NO CIRCUMSTANCES WILL ECHEF MD, ANY AFFILIATED COMPANY OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY INDIRECT LOSSES OR DAMAGES IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT INCLUDED ON THE WEBSITE OR FOR ANY CLAIM ARISING IN CONNECTION WITH A PURCHASE OF A PRODUCT OR SERVICE THROUGH THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORIES, AND WHETHER SUCH DAMAGES ARE CHARACTERIZED AS GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
eChefMD reserves the right to investigate suspected violations of these Terms. By using the Website and by accepting these Terms, you waive and hold harmless eChefMD from any claims resulting from any action taken by eChefMD during or as a result of its investigations or from any actions taken as a consequence of investigations by either eChefMD or law enforcement authorities.
The Website and the products, services and programs described in or offered by the Website may be changed, eliminated or updated without prior notice. We may also make changes to these Terms and any Website-related policies, rules or guidelines at any time. Revised terms will be effective when posted to the Website unless otherwise provided by us in the revision. Your continued use of the Website after new Terms or any revised policies, rules or guidelines are posted constitutes your agreement to abide by the revised terms.
Waiver and Severability
No waiver by eChefMD of any term or condition set forth in these Terms 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 eChefMD to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
eChefMD is located in the State of Florida, USA, all orders are submitted to and subject to acceptance by eChefMD at its location, and this Website is created and maintained in Florida. As such, the laws of the State of Florida govern these Terms without giving effect to any principles of conflicts of laws that would allow for the law of any other jurisdiction to be applied. In the event of any dispute relating to the Website, you consent to the personal jurisdiction of courts (state and federal) sitting in the State of Florida, acknowledge that venue is only proper in the state courts in Pinellas, Florida, or the federal court sitting in Tampa, Florida, and waive any objection you may have in the future with respect to any of the foregoing. Any claim or action that any party may have arising from or related to use of the Website must be filed within one (1) year after the claim or cause of action arises. Any claim or action that any party may have arising from or related to use of the Web Store or any purchase made through the Web Store must be filed within 90 days after the claim or cause of action arises. Any claim or action not filed within such times will be forever barred.
Dispute Resolution, Including Arbitration and Class Action Waiver
You and we agree that in the event of any dispute between us, you and we will first try to resolve the dispute by talking with each other. Accordingly, neither you nor we may start a formal proceeding for at least sixty (60) days after one of us notifies the other in writing of a dispute. You will send your notice to us at 1212 Court Street Suite D, Clearwater, FL 33756. We will notify you through the contact information you have provided to us. The notice must be sent by U.S. mail, Federal Express or UPS, with confirmation of delivery requested. However, we may provide notice by electronic means if you have not provided us with a postal address.
The arbitrator’s decision shall be final and binding and may be enforced by any state or federal court that has jurisdiction; provided, however, that the arbitrator shall not have authority to make errors of law and any arbitration award may be challenged if the arbitrator does so. The arbitrator shall give a written statement of the disposition of each claim and the award shall provide a concise written statement of the essential findings and conclusions upon which it is based. You and we agree that the Federal Arbitration Act shall govern this agreement to arbitrate.
Notwithstanding the above, in lieu of initiating an arbitration, you may instead choose in your sole discretion to file an individual action in a small claims court. If you do so, we do not agree to pay any of your fees or costs. The class action waiver below remains effective, even if you elect to file in a small claims court.
You and eChefMD agree not to join or consolidate claims in arbitration or in a legal action by or against the other. You and eChefMD also agree that you and we will not be entitled to bring any claim as a representative member of a class or in a private attorney general capacity against the other, or against our service partners, officers, directors, agents, employees, affiliates or predecessors. YOU HEREBY WAIVE ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. You and we retain our respective rights to make any complaint to regulatory agencies or governmental investigators. A court may sever any portion of this section that it may find to be unenforceable, except for the prohibition on class, representative or private attorney general proceedings. You understand and agree that the waivers of rights in this section, including the waivers of the rights to bring a lawsuit in court and to assert a class action, are knowing and voluntary.
Claims of Copyright Infringement
eChefMD is committed to complying with U.S. copyright and related laws and requires all users of the Website to comply. If an owner of a copyrighted work believes that its rights have been infringed, the owner may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (DMCA) to report alleged infringements.
If you have a good faith belief that your work was copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise were violated on or through the website, please send your claim or notice of infringement to eChefMD’s designated DMCA Agent at:
1212 Court Street Suite D,
Clearwater, Florida 33756,
Upon receipt of notification complying with the DMCA, eChefMD will take steps to remove or disable access to any infringing material and remove or disable access to any link to infringing material. Notifications must include ALL of the following:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed;
- A description of where in the Website the material that you claim is infringing is located;
- Contact information reasonably sufficient to permit eChefMD to contact you;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the information in your notification to eChefMD is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please do not send any other correspondence or inquiries to our DMCA agent.
You may contact us at the following email address: [email protected]