CONSUMER AGREEMENT & WAIVER

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1. Binding Agreement. This Agreement and Waiver, along with the Terms of Use found on The Prepped Palate website (www.thepreppedpalate.com) govern your purchase and use of any The Prepped Palate foods, services, and products, whether from the website or otherwise. By placing any order for The Prepped Palate’s products, services, or meal plans, you agree to be legally bound by this Agreement and Waiver and the Terms of Use set forth on the website.

2. Disclaimer. The Prepped Palate shall not be responsible or liable, under any circumstances, for any illness or health problem that may result from the consumption of its prepared foods, meals, services, or other products. The Prepped Palate may not be appropriate for certain people including people who 1) have food allergies; 2) are under 18 years of age; or 3) suffer from a medical condition that can be adversely affected by diet. If you have a medical condition, please consult your physician before using The Prepped Palate’s services. 

3. Not a Medical Service. The Prepped Palate does not offer medical advice, either on its website or otherwise. Consult a licensed physician or health care provider if you have any medical questions about any foods, products, or meal plans offered by The Prepped Palate. The Prepped Palate’s program is not offered or intended to treat, mitigate, or cure any type of disease, sickness, or weight problem and is not a substitute for sound medical advice.

4. Allergies. The Prepped Palate shall not be liable for an allergic reaction you have to any foods, products, or meal plans, purchased from, prepared by, or delivered by The Prepped Palate. The most common food allergens include: gluten (wheat), peanuts, soy, shellfish, dairy, eggs, nuts, and fish. If you are allergic to any of these items, you should know that while we make every effort not to do so, we cannot guarantee that there will not be any cross contamination with your meals. It is your responsibility to alert The Prepped Palate if you or any person you are purchasing food for have any food allergies prior to purchase and consumption of any foods, services, and products from The Prepped Palate.

5. No Warranties. Except as otherwise specifically stated in this Agreement and Waiver, the goods and service are provided by The Prepped Palate to you on an “as is” basis with no warranties, express, or implied, including without limitation with respect to merchantability or fitness for a particular purpose. 

6. Limitation of Liability. In no event shall either party’s aggregate liability arising out of or related to this Agreement and Waiver, whether in contract, tort, or under any other theory of liability, exceed the total amount paid by you to The Prepped Palate.  In no event shall either party have any liability to the other party for any lost profits or revenues or for any indirect, special, incidental, consequential, cover, or punitive damages however caused, whether in contract, tort, or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages. The foregoing disclaimer shall not apply to the extent prohibited by applicable law. 

7. Indemnity. You agree to indemnify, defend, protect, and hold harmless The Prepped Palate and its owner(s) and agent(s) from and against any and all claims, actions, awards, demands, damages, obligations, losses, liabilities, settlements, costs, and expenses (including, but not limited to, reasonable attorneys’ fees) arising from or relating to: 1) your use of and access to The Prepped Palate programs and website; 2) your violation of any of this Agreement and Waiver and the Terms of Use; and 3) your improper use of and consumption of any The Prepped Palate food or other products. This indemnification shall survive the termination of these terms and your use of The Prepped Palate’s site, products, and/or services.

8. Governing Law. The Prepped Palate’s goods and services and the terms of all agreements shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of laws rules. 

9. Severability. If any provision of this Agreement and Waiver is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement and Waiver, which shall remain in full force and effect. No waiver of any provision of this Agreement and Waiver shall be deemed a further or continuing waiver of such provision or any other provision. 

10. Entire Agreement. These terms and the Terms of Use constitute the entire agreement between you and The Prepped Palate. Neither party shall be bound by any conditions, definitions, warranties, or representations with respect to any other terms or conditions except as expressly provided in these written terms.

 

By signing below, I agree to abide by the terms and conditions set forth in this Agreement and Waiver.