Statements regarding the Company’s products have not been evaluated by the Food and Drug Administration. The Company’s products are not intended to diagnose, treat, cure or prevent any disease nor are they intended to treat specific health problems or medical conditions. Moreover, any the Company’s programs are not meant as a substitute for medical care from a qualified medical practitioner.
You are advised to regularly consult with your medical practitioner on any and all matters pertaining to physical and/or mental health including, without limitation, the experience of any symptoms which may require medical diagnosis or attention.
Any individual consuming medication, possessing allergies or medical ailments, nursing, pregnant or seeking to shed in excess of ten percent (10%) of his or her body weight, should first consult with a trained medical practitioner(s) prior to initiating any nutritional programming. The Company products are not to be construed as a replacement or substitute for the services of trained professionals in the medical sciences.
Neither GourmetDaily™, its experts, partners, members, managers, affiliates or employees will be liable for any direct, indirect, consequential, special, punitive, exemplary or any other damages which may result from the use of its products and/or programming. This includes, without limitation, economic loss, injury, illness or death. No warranties or representations whatsoever are provided or to be construed or inferred regarding the effectiveness of our products and/or programming. In addition, we are in no manner responsible for the improper utilization, storage, handling or consumption of our products and/or programming.
TERMS AND CONDITIONS
This shall serve as a binding legal agreement (“Agreement”) between you, GourmetDaily.com and GourmetDaily Acquisition Corp. Please read this Agreement carefully before accessing any portion of GourmetDaily.com. By accessing the Site, you become a visitor or member of the Service (a “Visitor” or “Member”), and you agree to be bound by the terms and conditions of this Agreement (the “Terms”). If you do not agree to the terms, DO NOT access any portion of GourmetDaily.com.
The terms and fees for the meal programs are subject to change by GourmetDaily.com at any time, effective upon notice to you.
The Company offers Programs of varying lengths. Accordingly, your credit card will be billed in advance for an amount of days which corresponds to your respective Program.
Thereafter, your credit card may be billed only with your verbal authorization for additional cycles to the extent such cycle(s) are specifically authorized by you.
You may temporarily suspend your service at any time by calling within the stated guidelines of your individual program. (See below.)
CANCELLATION AND REFUND POLICY
FRESH DAILY DELIVERY CANCELLATION AND REFUND POLICY
To re-schedule or cancel or change your program, call our Customer Service Department at 800-900-9845 or email to help@GourmetDaily.com. We require four (4) business days notice for any re-schedule or cancellations to be processed. GourmetDaily is unable to stop delivery on any orders not cancelled within this stated deadline.Any cancellation to delivery not made four (4) days prior to said cancellation will be charged against client unused days. If you cancel prior to the completion of your sign up cycle any discounts will be prorated to our regular rate.”
Upon receipt of your cancellation notice as referenced above, the resulting refund credit issued will be for the unused portion of your plan (i.e. the days in which food was not delivered). You will receive a refund within 5 to 10 business days for any days in which deliveries were not sent.
Any and all days in which meals were delivered will be pro-rated to our current suggested retail price per day. To explain how our pro-rate formula works, we extend discounted rates for programs with longer days per cycle. For example, our 31 day program costs less per day than our 14 day program. If you order a 31 day program but cancel your last two weeks, your 31 day discounted daily rate no longer applies to your total order. You will be charged the regular rate of a 14 day program and will be refunded the difference.
If there is an error with an individual meal you received, GourmetDaily will issue a meal credit (i.e. breakfast credit, lunch credit, dinner credit or snack credit). If you acquire 5 credits, GourmetDaily will add an extra day of service to your account. Upon your request, if you prefer to receive a refund for your meal credits at the end of your program cycle, we will issue a refund to your credit card. The monetary amount of your refund will represent the fair value of your meal(s) and is subject to change without notice. If you do not request a refund, all outstanding meal credits will remain in your account for future use,for up to six (6) months.
It is further understood that GourmetDaily™, its delivery personnel and Credit Card Vendors will rely upon the representations and warranties made by you with regard to cancellation provided herein and above in connection with their determination as to the validity of any requests for refunds, chargebacks, et al.
It is further understood that GourmetDaily™, its delivery personnel and Credit Card Vendors will rely upon the representations and warranties made by you with regard to cancellation provided herein and above in connection with their determination as to the validity of any requests for refunds, chargebacks, et alIt is further understood that GourmetDaily™, its delivery personnel and Credit Card Vendors will rely upon the representations and warranties made by you with regard to cancellation provided herein and above in connection with their determination as to the validity of any requests for refunds, chargebacks, et al.
VISITOR’S ONLINE CONDUCT REQUIREMENTS
You are solely responsible for maintaining the confidentiality surrounding your user name and password and for any and all activities that are conducted through your account.
As a Visitor, you agree that:
You are solely responsible for the content or information you publish or display (hereinafter, “post”) on the GourmetDaily.com service, or transmit to other GourmetDaily.com visitors.
You will NOT include any telephone numbers, street addresses, last names, URL’s or e-mail addresses. You will NOT post on the GourmetDaily.com service, or transmit to others any patently offensive, defamatory, inaccurate, abusive, bigoted, obscene, profane, offensive sexually oriented, threatening, harassing, pornographic, exploitative of individuals under the age of 18, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide or disseminate instructional information about illegal activities such as making or buying weapons, pyramid schemes, investment fraud, privacy violations, or the creation of computer viruses.
You will use the Site in a manner consistent with any and all applicable laws and regulations. You will not include any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information.
You will not remove any proprietary rights notices nor engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Site. You will not transmit any chain letters or junk E-mail to other GourmetDaily.com Visitors.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You will not harvest or collect personal information about other visitors without their express consent. You will not use any robot, spider, site search, retrieval application or other process to retrieve, hack, index, data mine, reproduce or circumvent the navigational structure of this site nor its contents. You are solely responsible for your interactions with other visitors. GourmetDaily.Com reserves the right, but has no obligation, to monitor disputes between you and other visitors. Any infraction may lead to legal remedy on behalf of GourmetDaily.com.
GourmetDaily™ Acquisition Corp. owns and retains other proprietary rights in the GourmetDaily.com Site. The Service contains the copyrighted material, trademarks, and other proprietary information and intellectual property of GourmetDaily™, LLC. and its licensors. In addition, others may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
By posting information or content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to GourmetDaily.com and other GourmetDaily.com Visitors an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
CONFIDENTIAL INFORMATION SUPPLIED BY MEMBER
GourmetDaily.com shall use its best efforts to maintain the members’ information confidential, including confidential information such as credit card details etc., and shall use or disclose such information only for the purposes for which such information was collected, or as required by law.
GOURMETDAILY® ONLINE CONTENT
WARNING: It is possible that users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials on GourmetDaily.com and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your posts on the Site, and that the recipient may use such information to harass or injure you. GourmetDaily.com, its officers, agents, employees, et al. shall not be responsible for the use of any personal information that you may choose to disclose on the Site. Please be cautious in selecting the type of information that you post on the Site or release to others. Offers, statements, opinions, advice or other information or content made available through the Site are exclusively those of their respective authors and not of GourmetDaily.com, and should not necessarily be relied upon. Such authors are solely responsible for such content. GourmetDaily.com does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will GourmetDaily.com, its officers, agents, employees, et al. be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or transmitted to the Site’s visitors.
GourmetDaily.com reserves the right, but has no obligation to monitor the materials posted in the public areas of the GourmetDaily.com service. GourmetDaily.com shall have the right, to remove any such material that violates, or is alleged to violate, any federal, state or common law, or this agreement. Notwithstanding this right, you remain solely responsible for the content of the materials you post on GourmetDaily.com and in any private email messages. GourmetDaily.com will treat e-mails sent between you and other GourmetDaily.com members that are not readily accessible to the general public as private to the extent required by applicable law.
To resolve a complaint regarding GourmetDaily™ service or programming, you should first contact GourmetDaily.com Customer Support at help@GourmetDaily.com.
DISCLAIMER OF WARRANTY
GourmetDaily.com provides its service on an “as is” basis and grants no warranties of any kind, express, implied, statutory, in any communication with GourmetDaily.com or its representatives, or otherwise with respect to the service. GourmetDaily.com specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. GourmetDaily.com does not warrant that your use of the Site and/or Programming will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects will be corrected.
GourmetDaily.com disclaims liability for, and no warranty is made with respect to telephone services, including coverage, range, or any interruption in telephone service. This Site may contain links to other sites or resources. We neither control nor endorse them. You acknowledge and agree that GourmetDaily.com shall not be held responsibility for the legality, accuracy or inappropriate nature of any content, advertising, products services or information located on such other sites nor for any loss or damage alleged to have been caused by the use or reliance thereof.
LIMITATION OF LIABILITY
In no event will GourmetDaily.com be liable ( i ) to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the GourmetDaily.com service, even if GourmetDaily.com or its agents or representatives know or have been advised of the possibility of such damages or (ii) to any person other than you. Notwithstanding anything to the contrary contained herein, GourmetDaily.com’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to GourmetDaily.com for the service during the term of membership.
In addition, GourmetDaily™ disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users, or “hackers”) of the Site. GourmetDaily.com reserves the right to provide its visitors with special offers, emails and promotional messages and items.
Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.
You will indemnify, defend and hold harmless GourmetDaily.com, its officers, directors, employees, agents, representatives and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the GourmetDaily.com service and/or programming, including any breach by you of the terms of this Agreement.
You agree that New York law (regardless of any and all conflicts of law principles) shall govern this Agreement in its entirety, and that any and all dispute(s) arising out of or relating to this Agreement shall be subject to the compulsory and binding arbitration before the American Arbitration Association in Kings County, New York . This Agreement, accepted upon visiting the Site, contains the entire agreement between you and GourmetDaily.com regarding the use of the Service. This Agreement may only be amended upon notice by GourmetDaily.com to you, or in written form, signed by you and an authorized official of GourmetDaily.com. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
NON-COMMERCIAL USE BY MEMBERS
GourmetDaily.com is for the personal use of its individual visitors only and may not be used in connection with any commercial endeavors. Any unauthorized and/or illegal uses of the site, including the unauthorized framing or linking to the site will be investigated and appropriate legal action will be undertaken including, without limitation, civil, criminal and injunctive redress.
Termination of User Privileges for Infringement and Contact Information for Suspected Copyright and Intellectual Property Infringement:
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or a fair use exemption to do so. In particular, users who submit User Content to this Site, whether articles, images, stories, software or other trademarked or copyrightable material MUST ensure that the content they upload does not infringe the copyrights, trademarks nor other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright or intellectual property holder or its agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users’ rights to use and/or access to this Site. We may also in our sole discretion decide to terminate a user’s rights to use or access to the Site prior to that time if we have a good faith belief that the alleged infringement has occurred. GourmetDaily.com shall not be responsible for the acts of infringing users and such infringing users shall indemnify and hold harmless GourmetDaily.com, its officers, agents, employees, et al. from any and all damages, liabilities and expenses brought about by the infringement.
If you believe that your copyright or intellectual property has been infringed through the use of this Site, please contact help@GourmetDaily.com.