bistroMD® Terms and Conditions of Use
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.
SMS (Text) Messages
If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. Text Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email email@example.com. In addition to any fee of which you are notified, your wireless service provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless service provider. Please consult your wireless service provider's pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your wireless service provider does not permit SMS messages, you may not receive the Text Messages.
If you change or deactivate the phone number you provided to us, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you unsubscribe via the above procedures prior to changing or deactivating your phone number.
To access this Website or some of the resources offered on this Website, you may be asked to provide registration details. It is a condition of use of this Website that all the details you provide will be correct, current and complete. If bistroMD believes the details are not correct, current or complete, bistroMD has the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account.
Any passwords used for this Website are for individual use only. You shall be responsible for the security of your password (if any). Each user who uses your password will be deemed to be authorized by you to access and use the Website. bistroMD shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that bistroMD considers insecure, bistroMD will be entitled to require it to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (for example, password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, bistroMD reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
Third-Party Content and Links
The Website includes information provided by third parties, including opinions and advice of experts in different fields. bistroMD, Dr. Cederquist, affiliated companies, and their respective employees are not responsible for the opinions, statements, services, offers or other information provided by third parties. The Website may include the personal recommendations and opinions of Dr. Cederquist. The opinions of Dr. Cederquist are not endorsements of any organization, product or service, and neither bistroMD, Dr. Cederquist, any affiliated companies nor any of their respective employees or agents makes any representation or warranty or assumes any liability regarding the quality of products or services that may be purchased by you from any third party. The Website includes hyperlinks that will take you out of the Website to third-party websites. Links to third-party websites may be included in advertisements for third-party services, or they may be accompanied by descriptions of third-party services. All links to third-party websites are provided for your convenience only. Neither bistroMD, Dr. Cederquist nor any affiliated company controls the content or operation of any linked third-party websites, and we disclaim any responsibility for any product, service or information provided on any linked website.
NEITHER THE PUBLICATION OF THIRD-PARTY CONTENT OR ADVERTISEMENTS ON THE WEBSITE NOR LINKS TO THIRD PARTY WEBSITES CONSTITUTES AN ENDORSEMENT OF THE THIRD-PARTY OR ITS PRODUCTS OR SERVICES BY BISTRO MD, DR. CEDERQUIST, ANY AFFILIATED COMPANY OR BY ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS.
Disclaimer: No Medical Advice Provided
The content on this Website is provided for informational purposes only and is not intended to be a substitute for professional medical advice. This dietary program is not designed for use with children under the age of 18. You should consult your physician or other qualified health provider before beginning this or any other dietary program. At any time you have questions regarding a medical condition, you should seek the advice of your physician or other qualified health care provider. None of the contents of this Website are intended to be relied upon for medical treatment or diagnosis. Any opinions expressed on this Website are the opinions of the authors and neither bistroMD, Dr. Cederquist, their affiliated companies nor any of their employees assumes any liability for the contents of any materials provided on the Website. Reliance upon any opinion or advice provided on the Website is at your own risk. Neither bistroMD, Dr. Cederquist, their affiliated companies nor any of their employees assumes liability or responsibility for damage or injury to person or property arising from any use of any product, service, information or instruction contained on this Website.
Copyright and Trademarks
Linking and Framing
Without the prior written permission of bistroMD, you may not frame, or make it appear that a website of Third Parties is presenting or endorsing, any of the Content of the Website, or incorporate any intellectual property of bistroMD or any of their licensors into another website or other service.
Comments and Suggestions
We appreciate your comments and feedback about the Website. Please note that by providing comments, ideas or suggestions to us, you grant to us and our affiliates a non-exclusive, transferable, irrevocable, worldwide, royalty-free, perpetual license and right to use, modify, reproduce, disclose, publish and distribute such submissions for any purpose, without restriction, without compensating you in any way and without right of attribution. If you do not wish to grant us such rights, we ask that you not send us or post comments or other submissions, particularly any information you consider to be confidential or original creative material, such as scripts, story ideas, photographs or original artwork.
Please act responsibly when using this Website. You may only use this Website and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Website. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by bistroMD) or privately transmitted on or through this Website are the sole responsibility of the sender, not bistroMD, and that you are responsible for all material you upload, post or otherwise transmit to or through this Website.
Web Store Sales
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.
Each communication with member service will result in a confirmation email. If you send an email to member service, you 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. Also, by agreeing to these Terms and Conditions you also agree to receive our newsletters and special offers.
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 will vary for each client based on their individual weight, metabolism, age, activity level and commitment to their plan.
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.
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.
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.
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 866-401-3438 prior to our posted 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.
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.
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.
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.
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.
Your use of the Website and the Web Store are governed by the following general terms.
bistroMD provides its services to you subject to these Terms and Conditions of Use. By using the Website and/or ordering any of our meal plans, 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.
Warranties and Disclaimers
The Website is made available "AS IS." Neither bistroMD, Dr. Cederquist, any affiliated company nor any of their respective employees or agents makes any representations or warranties of any kind, express or implied, as to the operation of the Website or the Content or other information and materials included on the Website.
Warranties for the bistroMD products purchased through the Website are the responsibility of bistroMD. All products purchased through the Website and provided by third-party manufacturers, distributors or suppliers are limited to those warranties provided by such third parties of such products. We have no responsibility for such warranties, if any.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, BISTRO MD, DR. CEDERQUIST, AFFILIATED COMPANIES AND THEIR RESPECTIVE EMPLOYEES AND AGENTS DISCLAIM ALL PRODUCT-RELATED AND WEBSITE USAGE WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY THAT THE SITE WILL OPERATE UNINTERRUPTED OR ERROR FREE. 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.
Limitations on 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.
In the event of any final determination that you are entitled to damages as a result of or in connection with your use of the Website, bistroMD, Dr. Cederquist, affiliated companies, third-party licensors of Content and their respective employees and agents shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500 in the aggregate.
UNDER NO CIRCUMSTANCES WILL BISTRO MD, DR. CEDERQUIST, ANY AFFILIATED COMPANY OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY INDIRECT LOSSES OR DAMAGES IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT INCLUDED ON THE WEBSITE OR FOR ANY CLAIM ARISING IN CONNECTION WITH A PURCHASE OF A PRODUCT OR SERVICE THROUGH THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORIES, AND WHETHER SUCH DAMAGES ARE CHARACTERIZED AS GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
bistroMD reserves the right to investigate suspected violations of these Terms and Conditions of Use. By using the Website and by accepting these Terms and Conditions of Use, you waive and hold harmless bistroMD from any claims resulting from any action taken by bistroMD during or as a result of its investigations or from any actions taken as a consequence of investigations by either bistroMD or law enforcement authorities.
Waiver and Severability
Dispute Resolution, Including Arbitration and Class Action Waiver
You and we agree that in the event of any dispute between us, you and we will first try to resolve the dispute by talking with each other. Accordingly, neither you nor we may start a formal proceeding for at least sixty (60) days after one of us notifies the other in writing of a dispute. You will send your notice to us at 812 Huron Road East, Suite 620, Cleveland, Ohio 44115. We will notify you through the contact information you have provided to us. The notice must be sent by U.S. mail, Federal Express or UPS, with confirmation of delivery requested. However, we may provide notice by electronic means if you have not provided us with a postal address.
The arbitrator’s decision shall be final and binding and may be enforced by any state or federal court that has jurisdiction; provided, however, that the arbitrator shall not have authority to make errors of law and any arbitration award may be challenged if the arbitrator does so. The arbitrator shall give a written statement of the disposition of each claim and the award shall provide a concise written statement of the essential findings and conclusions upon which it is based. You and we agree that the Federal Arbitration Act shall govern this agreement to arbitrate.
Notwithstanding the above, in lieu of initiating an arbitration, you may instead choose in your sole discretion to file an individual action in a small claims court. If you do so, we do not agree to pay any of your fees or costs. The class action waiver below remains effective, even if you elect to file in a small claims court.
You and bistroMD agree not to join or consolidate claims in arbitration or in a legal action by or against the other. You and bistroMD also agree that you and we will not be entitled to bring any claim as a representative member of a class or in a private attorney general capacity against the other, or against our service partners, officers, directors, agents, employees, affiliates or predecessors. YOU HEREBY WAIVE ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. You and we retain our respective rights to make any complaint to regulatory agencies or governmental investigators. A court may sever any portion of this section that it may find to be unenforceable, except for the prohibition on class, representative or private attorney general proceedings. You understand and agree that the waivers of rights in this section, including the waivers of the rights to bring a lawsuit in court and to assert a class action, are knowing and voluntary. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
bistroMD is committed to complying with U.S. copyright and related laws and requires all users of the Website to comply. If an owner of a copyrighted work believes that its rights have been infringed, the owner may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (DMCA) to report alleged infringements. bistroMD designates the following individual as its agent for receipt of notifications of claimed copyright infringement: Wesley Bloemers, bistroMD, LLC, 1575 Pine Ridge Road #21, Naples, Florida 34109, (239) 514-7000, firstname.lastname@example.org.
You may contact us at the following email address: CustomerService@BistroMD.com.
Effective January 1, 2020