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Terms and Conditions

Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of this website. These Terms will be applied fully and affect to your use of this website. By using this website, you agreed to accept all terms and conditions written in here. You must not use this website if you disagree with any of these Website Standard Terms and Conditions.

Minors or people below 18 years old are not allowed to use this website.

  1. General

Due to the nature of our business, we do not offer refunds in any form, by using this website and by placing an order and accepting our terms and conditions you understand you are signing up to a subscription-based service and are bound to this agreement, this includes new orders and auto-renewals that are not canceled before their renewal, cancellations can be made by emailing orders@peakfitnessmeals.com. Any renewals not canceled before the renewal will not be refunded under any circumstances.
We cannot offer refunds for several reasons, mainly due to our forecasting which helps keep our food costs low, and because once an order is placed we begin the process of preparing your order, we can offer account credits and account transfers at no additional charge. Sometimes we may encounter supply issues due to no fault of our own, on the rare occasions we may have to remove items from the menu, if this happens we will always fully refund you for the cost of that meal.

  1. Subscription Orders
When purchasing a Peak Fitness Meals Plan you are billed for the first week/ month only at the time of purchase. Any of Peak Fitness Meals subscription plans you will be billed weekly or monthly for each. If you wish to pause or modify your plan you must make these changes before 8 pm MT Friday or Monday evenings, all subscription orders are billed on a recurring weekly or monthly basis, we CANNOT issue refunds on rebilled orders, it is up to you as the client to pause and update your account, we can pause for use at a later date. We reserve the right to move your subscription renewal date and time by up to 48 hours to help us produce your meals more efficiently. If you do not cancel your renewal before the next billing date, your plan subscription will renew, and you will be charged for your current subscribed plan. If you cancel at any time before your plan renews we will complete your existing order and your plan will not renew.
  1. Pause a Plan
You may pause a plan at any time as long as you let us know by 8 pm Friday for Sunday deliveries or 8 pm Monday for Wednesday deliveries. You can pause your plan via your account page. If you fail to provide us with the full notice, we will do our best to pause the plan but will not guarantee it. If your plan has already been entered into our production reporting system, you will be responsible for the full payment.

  1. Intellectual Property Rights

Other than the content you own, under these Terms, Peak Fitness Meals and/or its licensors own all the intellectual property rights and materials contained in this website.

You are granted limited license only for purposes of viewing the material contained on this website.

  1. Restrictions

You are specifically restricted from all of the following:

Certain areas of this website are restricted from being accessed by you and Peak Fitness Meals may further restrict access by you to any areas of this website, at any time, in absolute discretion. Any user ID and password you may have for this website are confidential, and you must maintain confidentiality as well.

  1. Your Content

In these website Standard Terms and Conditions, “Your Content” shall mean any material you choose to display on this website.

Your Content must be your own and must not be invading any third-party’s rights. Peak Fitness Meals reserves the right to remove any of Your Content from this website at any time without notice.

  1. No warranties

This website is provided “as is,” with all faults, and Peak Fitness Meals express no representations or warranties, of any kind related to this website or the materials contained on this website. Also, nothing contained on this website shall be interpreted as advising you.

  1. Limitation of Liability

In no event shall Peak Fitness Meals, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this website whether such liability is under contract.  Peak Fitness Meals, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this website.

  1. Indemnification

You hereby indemnify to the fullest extent Peak Fitness Meals from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

  1. Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

  1. Variation of Terms

Peak Fitness Meals is permitted to revise these Terms at any time as it sees fit, and by using this website you are expected to review these Terms on a regular basis.

  1. Assignment

Peak Fitness Meals is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

  1. Entire Agreement

These Terms constitute the entire agreement between Peak Fitness Meals and you in relation to your use of this website and supersede all prior agreements and understandings.

  1. Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Colorado, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Colorado for the resolution of any disputes.