bistroMD Web Store Sales Terms

ALL PURCHASES FROM THE WEB STORE AT BISTROMD.COM ARE SUBJECT TO THESE SALES TERMS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, WE WILL NOT BE ABLE TO ACCEPT YOUR ORDER. THE WEB STORE IS OPERATED BY BISTRO MD, LLC ("bistroMD").

BINDING AGREEMENT. These are the Terms and Conditions which also contain billing terms for bistroMD Meal Delivery programs. BistroMD provides its services to you subject to these Terms and Conditions (whether while ordering on the website or as provided via telephone). By ordering any of our meal plans or using the bistroMD site (www.bistromd.com and/or www.mybistromd.com or any affiliate sites), 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 and Conditions 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 Conditions you also agree to receive our newsletters and special offers.

CORRESPONDENCE. You understand that each communication with member service will result in a confirmation email. If you send an email to member service, youI will receive a confirmation email within 24 business hours. If you do not receive a confirmation email within 24 hours, you agree to immediately follow up with bistroMD member service.

PRODUCTS. Product availability, product descriptions and product prices are subject to change by bistroMD at any time without prior notice. Some product descriptions and product images are provided to bistroMD by its vendors. BistroMD does not independently verify the accuracy of such product descriptions. BistroMD makes commercially reasonable efforts to keep product information current, but some information may be out of date from time to time.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. Weight loss will vary for each client based on their individual weight, metabolism, age, activity level and commitment to their plan.

ALLERGIES. If you have a life-threatening allergy please refrain from ordering bistroMD Programs. Our meals are produced in a facility that also handles eggs, seafood, dairy, soy, shellfish, nuts and tree nuts.

ELIGIBILITY. 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 bistroMD and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

ORDER ACCEPTANCE AND SHIPPING. All orders submitted through the Web Store or by calling Customer Service are subject to acceptance by bistroMD at its location. BistroMD will issue an electronic confirmation of order receipt. Confirmation of order receipt does not constitute acceptance by bistroMD. BistroMD 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. BistroMD cannot ship to post office boxes; we require a street address for shipping. Neither bistroMD nor any vendor will be responsible for fulfilling orders that cannot be shipped because of incomplete or inaccurate billing or shipping information.

INITIAL ORDER. 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.

REOCCURRING ORDERS. For clarity, our Auto-delivery Program is one contract between you and bistroMD for the reoccurring shipping of our products rather than a series of separate contracts. All Auto-delivery Program plans 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. If you do not wish your plan to renew automatically, you must contact Member Services at 866-4013438 prior to our posted deadlines.

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.

SCHEDULE CHANGES. You are able to place your reoccurring order on vacation hold or cancel your order as long as your requests are made within bistroMD'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 bistroMD's above deadlines, you agree to accept/receive your final shipment.

MENU CHOICES. BistroMD makes every reasonable effort to deliver items you have requested for your order. Please note that product availability may change without notice. BistroMD 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 bistroMD without prior notice. The price charged by bistroMD for any product will be the price listed for such product in the Web Store catalog at the time an order is submitted to bistroMD. Product prices do not include shipping and handling fees or sales taxes. BistroMD will add shipping and handling charges to your order. If bistroMD is required to collect sales tax from you, bistroMD 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 bistroMD 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.

REFUND POLICY. 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 FedEx and a refund claim must be filed with FedEx.

LIMITATION OF LIABILITY. The liability of bistroMD and its owners, officers, employees, agents, successors or assigns (the "BistroMD 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 bistroMD for the product or transaction from which the claim arises or to which it relates. In no event shall any of the bistroMD 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 bistroMD Parties were advised of the possibility of such damages.

MODIFICATION. These Web Store Sales Terms may be modified from time to time by bistroMD without prior notice.

GOVERNING LAW. BistroMD is located in Florida, and all orders are submitted to and subject to acceptance by bistroMD at its location. All use of, and purchases made through, the Web Store shall be governed by the laws of the State of Florida without regard to any rule that would require the law of any other jurisdiction to be applied. Any legal or equitable action with respect to the Web Store or any purchase made through the Web Store shall be brought only in a state court located in Collier County, Florida, or a federal court located in Lee County, Florida. To the fullest extent permitted by applicable law, no action brought by any individual with respect to the Web Store or any purchase made through the Web Store shall be joined with an action involving any other person who may assert similar claims with respect to the Web Store or any other purchase made through the Web Store.

LIMITATION ON CLAIMS. 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 time will be forever barred.

REVERSED CHARGES. 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.

WAIVER AND SEVERABILITY. No waiver by bistroMD of any term or condition set forth in these Terms of Use 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 bistroMD to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 of Use will continue in full force and effect.

DISCLAIMER. OTHER THAN EXPRESS WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BISTROMD DISCLAIMS ALL PRODUCT-RELATED WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BISTROMD DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY PRODUCT DESCRIPTION OR OTHER INFORMATION PROVIDED IN THE WEB STORE. BISTROMD 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.

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