1. Binding Agreement. These Terms and Conditions govern your use of the Naked Chef Meal Prep website (https://nakedchefmealprep.com) and your purchase of any Naked Chef Meal Prep foods and products, whether from the website or otherwise. By placing any order for Naked Chef Meal Prep’s products or meal plans, you agree to be legally bound by these Terms and Conditions. Naked Chef Meal Prep reserves the right, in its sole discretion to alter, amend, add, remove, or otherwise modify any portion of these Terms and Conditions at any time. By placing an order with Naked Chef Meal Prep after these Terms and Conditions have been modified, you agree to accept all such modifications to the Terms and Conditions.
2. Disclaimer. Naked Chef Meal Prep shall not be responsible or liable, under any circumstances, for any illness or health problem that may result from the consumption of its prepared foods, meals, or other products. Naked Chef Meal Prep may not be appropriate for certain people including people who 1) have food allergies; 2) are under 18 years of age; or 3) suffer from a medical condition that can be adversely affected by diet. Consult your physician before altering your diet or beginning any diet, nutrition, or fitness plan offered by Naked Chef Meal Prep.
3. Not a Medical Service. Naked Chef Meal Prep does not offer medical advice, either on its website or otherwise. Consult a licensed physician or healthcare provider if you have any medical questions about any foods, products, or meal plans offered by Naked Chef Meal Prep. Naked Chef Meal Prep program is not offered or intended to treat, mitigate, or cure any type of disease, sickness, or weight problem and is not a substitute for sound medical advice. Nothing stated or presented by Naked Chef Meal Prep, whether on the website or otherwise, is intended to be a substitute for professional medical advice, diagnosis, or treatment.
4. Weight Loss. We do not guarantee weight loss. Weight loss will vary for each person based upon their individual weight, metabolism, age, activity level, and commitment to their plan.
5. Allergies. Naked Chef Meal Prep shall not be liable for an allergic reaction you have to any foods, products, or meal plans, purchase from or delivered by Naked Chef Meal Prep. The most common food allergens are: gluten (wheat), peanuts, soy, shellfish, dairy, eggs, nuts, and fish. Naked Chef Meal Prep does not accommodate dairy, eggs, nuts, or fish allergies and Naked Chef Meal Prep foods and meal plans commonly include these ingredients. If you’re allergic to any of these items, you should know that while we make every effort not to do so, we cannot guarantee that there won’t be any cross contamination with your other meals.
6. No Warranties. EXCEPT AS OTHERWISE SPECIFICALLY STATED IN THIS AGREEMENT, THE GOODS AND SERVICE ARE PROVIDED BY NAKED CHEF MEAL PREP TO YOU ON AN “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS” BASIS WITH NO WARRANTIES, EXPRESS, OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. Limitation of Liability. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY YOU TO NAKED CHEF MEAL PREP. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
8. Indemnity. You agree to indemnify, defend, protect, and hold harmless Naked Chef Meal Prep and its suppliers, licensors, affiliates, shareholders, officers, directors, employees, and agents from and against any and all claims, actions, awards, demands, damages, obligations, losses, liabilities, settlements, costs, and expenses (including, but not limited to, reasonable attorneys’ fees) arising from or relating to: 1) your use of and access to Naked Chef Meal Prep programs and website; 2) your violation of any of these Terms and Conditions; and 3) your use of and consumption of any Naked Chef Meal Prep food or other products. This indemnification shall survive the termination of these terms and your use of Naked Chef Meal Prep’s site, products, and/or services.
9. Governing Law. Naked Chef Meal Prep’s goods and services and these Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules.
10. Protection of Intellectual Property. Notwithstanding any provision of these Terms and Conditions to the contrary, in the event that you could be deemed to infringe or diminish i Naked Chef Meal Prep intellectual property rights, including but limited to, copyright, trademark, confidential information, good will, business reputation then Naked Chef Meal Prep retains any and all rights and remedies in both law and at equity including but not limited to injunctive relief and such actions will be filed in the appropriate state or federal courts.
11. Termination. Naked Chef Meal Prep reserves the right to terminate your account and your access to the website for any reason or no reason, and without any advance notice.
12. Relationship. Neither the making of these Terms nor the performance of Terms shall be construed to constitute Naked Chef Meal Prep or you an agent, employee, or legal representative of the other party for any purpose, nor shall these Terms be deemed to establish a joint venture or partnership. Other than as set forth herein, neither party shall have any right or authority to create any obligation, warranty, representation or responsibility, express or implied, on behalf of the other party in any manner whatsoever.
13. Severability. If any provision of these Terms is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
14. Entire Agreement. These terms constitute the entire agreement between you and Naked Chef Meal Prep. Neither party shall be bound by any conditions, definitions, warranties, or representations with respect to any other terms or conditions except as expressly provided in these written terms.