Welcome to Project Vibrancy Meals!
Below you will find the terms and conditions (“Terms” or “Agreement”) of the Project Vibrancy Meals website (“Site”), our mobile application, email list subscriptions, meal plan content subscriptions and other features (collectively referred to as “Services”). To register and use our Site and Services, you must be 13 years of age or older and agree to these Terms.
Project Vibrancy Meals may change, modify, add or remove sections of these Terms at any time by posting the revised Terms on our Site. The changes take effect when we post the Terms on the Site.
We always welcome your feedback. If you have any questions about the Terms, please email us at stephanie@freshtart.com.
1. Overview
By accessing our Site or Services, you agree to the Terms. You are legally bound by this Agreement between you and Project Vibrancy Meals, Inc. (“Project Vibrancy Meals”). The Agreement defines your rights and responsibilities as a user (“User”) of the Site. The Site and Services are operated in the United States of America and access to the services is governed by these Terms under the laws of the State of Alabama and of the United States.
Registration as a User with our Services results in your personal information being stored and processed in the United States, and you specifically consent to allow the storage and processing of your personal data in the United States.
These Terms, together with our Privacy Policy shall constitute the entire agreement between you and Project Vibrancy Meals. If you do not agree with any of the Terms of this Agreement or the Privacy Policy, you must not use the Services.
2. Use of the Services
The Services contains text, software, scripts, graphics, pictures, data, videos, user-generated information, editorial and other content (the “Content”) accessible by Users. All Content is owned, licensed to and/or copyrighted by Project Vibrancy Meals and may be used only as described in the Terms.
The trademarks, logos, and service marks contained on the Services are owned by or licensed by Project Vibrancy Meals. Project Vibrancy Meals or its licensors retain title, ownership and all other rights to the Content on the Services.
We make our best effort to ensure that all Content provided by the Services is complete and accurate. Despite our efforts, the Content may occasionally be incomplete or contain errors.
You are granted a limited use license to access the Services and their Content for your own personal use. The Content, in whole or in part, may not be republished, redistributed or resold without the explicit written permission of Project Vibrancy Meals. The licenses granted by Project Vibrancy Meals terminates if you violate this Agreement and may result in legal action against you.
Some content may be downloaded to your computer or device through use of the Services. This Content remains subject to the limited use license contained in this Agreement.
The use of bots, crawlers, spiders, data miners, scraping and other automated data collection tools are prohibited without the approval of Project Vibrancy Meals.
3. Subscription Terms, Fees and Payments
Project Vibrancy Meals is a fee-based subscription service offered at varying subscription durations. When you sign up for a subscription, you are committed to the term that you have chosen. Users of the Site may be unregistered Users, registered Users and paying subscribers (“Subscribers”).
User Requirements. You must be 18 years or older to subscribe to any Services and provide Project Vibrancy Meals with accurate and complete registration information. Failure to comply with either of these requirements will constitute a breach of this Agreement.
During registration you will create an account using your email address and password that will be used to authenticate your ongoing access to the Services. You will not:
You are responsible for the use of your account and you must make your best effort to keep your password secure. You should not share your password with others. If you believe your account has been compromised, you must immediately notify Project Vibrancy Meals of the suspected breach by emailing stephanie@freshtart.com.
For a Single Household. The Content provided through your subscription is intended for your personal use and should not be shared with others outside of your household apart from the approved sharing features of the Service.
Access to Meal Plans and Content. You must have an active account to have access to your Content. Once your subscription expires, you will no longer have access to current or previous meal plans or other Content on the Services until such time as your account is either reactivated or renewed.
Termination of your Account. If Project Vibrancy Meals, in its sole opinion, believes that you are acting in a spirit inconsistent with this Agreement or have breached the Agreement, we may terminate your account. In such a case, you are not eligible for a refund. We also reserve the right to terminate your subscription for any reason even if the reason does not cause a breach of this Agreement. In such a case, we will refund any remaining unused portion of your subscription. The refund will be your sole and exclusive remedy to such a termination.
Prices Subject to Change. Project Vibrancy Meals may change our base subscription prices at anytime. However, with the exception of any discount from coupon codes or promotional offers, the price for any renewal will be at the same base price that you were originally charged when you subscribed—unless we notify you otherwise. Should your base subscription price change, we will notify you by email and give you a time period of at least two weeks to opt out of the renewal if you do not want to continue your subscription at the new price.
3.1 Purchasing Directly from the ProjectVibrancyMeals.com Site
Payments. The payment options and fees will be displayed on the Site at the time the subscription is offered. The terms applying to that subscription are incorporated into this Agreement. Prices for all Subscriptions exclude all applicable taxes unless stated otherwise and are in the form of US Dollars. To the extent that the law allows, you are responsible for any applicable taxes, whether or not they are listed on the Site.
Project Vibrancy Meals uses a designated third-party PCI compliant payment platform to store credit and debit card information and process transactions for your Subscription. You are responsible for all transactions processed through the Service. Project Vibrancy Meals is not liable for any loss or damage from errant or invalid transactions processed through the third-party payment platform.
Initial Purchase. Charges are processed immediately during checkout in accordance with the details displayed to you during the checkout process. When signing up for a free trial, your card information will be collected upon activation and will be automatically charged at the end of the free trial period. There is no further action required by you if you would like to continue to subscribe to the meal plan.
Automatic Renewal. With the exception of gift certificate purchases, all of our meal plan subscriptions renew automatically at the end of their term. Once you sign up for a trial or become a Subscriber, your subscriptions will be automatically renewed and your credit card will be charged at the end of your term. Your subscription will be renewed based on the term you selected when initially setting up the subscription—unless you choose to opt-out or cancel your subscription as described below. The renewal of subscriptions takes place according to the Terms in place on the date of the renewal. If a free trial, promotion, or other offers were made available at the time of purchase, be sure to take note of any rules, conditions, cancellation dates or price changes that may take effect when the promotional or free trial period ends. If a renewal charge is unsuccessful, Project Vibrancy Meals may retry charges to your credit card for up to 60 days.
Valid Credit Card. It is your responsibility to ensure that Project Vibrancy Meals has valid credit card information for your account. Project Vibrancy Meals may also use third-party services to retrieve updated credit card information for your account.
Cancellation and Opting Out of Trial or Renewal. You may cancel your trial or opt out of your next renewal by emailing stephanie@freshtart.com. To avoid the processing of a renewal payment, you must opt out at least two business days prior to your subscription renewal date. You may cancel a free trial during the free trial period and incur no charge. When cancelling a free trial or opting out of renewal, you may continue to use the subscription until the end of the current subscription or the free-trial period.
Refunds. You are eligible for a full refund for 14 days after a charge is processed. Requests for a refund can be made by email stephanie@freshtart.com. Refunds will be made to the credit card that was originally charged and may take up to 10 business days to appear on your credit card account. We do not provide prorated refunds.
3.2 Purchasing from a Third-Party Partner
Project Vibrancy Meals may make subscriptions available through third-party applications and web sites (“Third-Party Offering”). If you purchase your Project Vibrancy Meals subscription through a Third-Party Offering you are bound by the payment, cancellation, renewal and refund terms of that particular Third-Party Offering and the terms in Section 3.1 do not apply. These terms will be disclosed by the Partner when purchasing a Third-Party Offering.
4. Communication Between You and Project Vibrancy Meals
We will generally contact you to let you know about changes to our Services and the products related to our Services. You may opt out of our email communications by following the unsubscribe instructions located within the email communications. You agree that any disclosure, notice, agreement, or other communication that we send to you electronically will satisfy any legal requirement, including that such communication be in writing.
5. Content Submissions
By submitting recipes, photographs, ratings or reviews, you grant Project Vibrancy Meals an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to use, display, modify, reproduce, publish, distribute in any manner existing now or to be developed in the future without compensation of any kind to you or any third party.
Project Vibrancy Meals reserves the right to delete or refuse to post, at our sole discretion, any submitted content for any reason.
Project Vibrancy Meals does not allow submitted items that contain:
Project Vibrancy Meals may monitor content submitted, but we cannot be responsible for the submissions of third parties. If you see something that you believe violates these Terms or spirit of our Services, please let us know by contacting the Customer Experience team.
6. Dietary Restrictions & Preferences
Project Vibrancy Meals is committed to providing balanced meals to help individuals make healthy choices in consultation with their personal physician.
Project Vibrancy Meals does not:
Under no circumstances will Project Vibrancy Meals be responsible for any loss or damage resulting from your reliance on nutritional information and for ensuring that the food you and the members of your household prepare or consume are in accordance with your specific dietary needs and restrictions. You should always seek the advice of a physician or Registered Dietician for your own specific conditions or dietary needs. Project Vibrancy Meals will not be liable for any health issues resulting from the consumption of ingredients to which you or a member of your household is allergic or that is harmful to you in any way.
7. Disclaimer
Our Content and Services are provided on an ‘as is’ basis without warranties of any kind, whether explicit or implied. Use of our Content and Services are at your own risk.
Additionally we make no representation or warrant that any Content within our Services is accurate, complete, reliable, or error-free. We do not make representation that the Content or Services is suitable for a particular use by you or one of your family members.
Project Vibrancy Meals does not warrant that our Content, Services, servers, or emails are free from viruses or any other harmful components.
Limited Liability. To the fullest extent permissible under applicable law, Project Vibrancy Meals limits our liability. In particular we will not be liable for any damages that we cause unintentionally and we will not be liable to you for any actual, incidental, indirect or consequential loss or damage however caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. For example, we will not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. If you are dissatisfied with any portion of the Site or the Services, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Site and the Services. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as to us if your account is used in violation of the terms and conditions of this Agreement.
Indemnity. You agree to defend, indemnify and hold harmless Project Vibrancy Meals, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Sites and Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Sites and Services.
8. Governing Law; Disputes
By using the Services or the Site, you agree that the Federal Arbitration Act, applicable federal law, and the law of the State of Alabama, without regard to its principles on conflicts of laws, will govern these Terms, your use of the Site and the Services, and any dispute of any sort that might arise between you and Project Vibrancy Meals.
If a dispute arises between you and Project Vibrancy Meals, our goal is to provide you a neutral and cost effective way to resolve the dispute quickly. You agree to first contact the Project Vibrancy Meals Customer Experience team by phone or email via the contact information below to describe the problem and seek a resolution. If that does not resolve the issue, then you and Project Vibrancy Meals agree that any dispute or claim relating to your use of the Services or the Site will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. In addition, you and Project Vibrancy Meals both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, you and Project Vibrancy Meals each waive any right to a jury trial.
You and Project Vibrancy Meals agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative action. Further, unless both you and Project Vibrancy Meals agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This entire arbitration provision will survive termination of this Agreement and the termination of your Project Vibrancy Meals account.
To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim to Project Vibrancy Meals Inc., 2101 Devereux Circle, Birmingham, AL 35243. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (collectively, "AAA Rules"). The AAA Rules and costs are available online at www.adr.org.
9. Assignment
Project Vibrancy Meals reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of Project Vibrancy Meals, assign or transfer any of your rights and obligations under this Agreement. There will be no third-party beneficiaries to this Agreement.
10. Severability
In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these terms will remain valid and enforceable. We can replace any term that is not valid and enforceable with a term of similar meaning, which is valid and enforceable.
11. Waiver
Any failure by us to enforce any aspect of the terms of this Agreement will not affect our right to require performance at any subsequent time, nor will the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
12. Complete Agreement
This Agreement, including any terms, conditions and policies expressly referenced herein, together with any legal notices published on the Site, will constitute the complete understanding and agreement between you and Project Vibrancy Meals, and will supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Project Vibrancy Meals.
13. Copyright Complaints
Project Vibrancy Meals respects the intellectual property rights of others and requires that users of our Site and Services do the same. U.S. copyright law does not protect recipes that include only listings of ingredients. However, Copyright protection may extend to a description, explanation, or illustration that accompanies a recipe or formula or to a combination of recipes such as in a cookbook. Should you have a copyright complaint, please contact our Customer Experience team.
Contacting Project Vibrancy Meals
For questions or comments regarding our Terms or Services, please contact the Project Vibrancy Meals by email at stephanie@freshtart.com.
Updated: 7/15/17