Terms & Conditions
Please carefully read this agreement to ensure that you understand all the terms and provisions.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE OR LAW SUIT. ALL PARTIES AGREE TO HAVE THE VENUE AND LAW OF THE STATE OF CALIFORNIA APPLY TO ALL DISPUTES.
I. Terms and Conditions
We may update these Terms and Conditions from time to time at our sole discretion. The modified Terms and Conditions will be effective 30 days following posting and you agree to the new posted Terms and Conditions by continuing your use of the Site and/or placing an order. Each time you use the Site or place an order, you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound hereby. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. If you do not agree with the modified Terms and Conditions, you should stop using the Site.
By using our Site, you confirm that you are eighteen (18) years or older and have the legal ability to accept these Terms and Conditions and to use the Site in accordance with these Terms and Conditions. Please refrain from using our services completely if you are under eighteen (18) years old
III. Important Health Information
People with certain conditions MUST HAVE physician approval prior to ordering any MOS consumable goods; these include, but are not limited to, people who: (a) are pregnant; (b) have anorexia or bulimia; (c) have chronic kidney disease; (d) children, 17 years old or under; (e) nursing mothers; or (f) any other serious physical conditions. People with these or any other serious health conditions must seek physician approval before ordering any MOS consumables.
IV. Weight Loss and Health Claims
MOS provides weight loss and health information solely for informational purposes. Weight loss and health results are not guaranteed. Actual results will vary widely from individual to individual. By purchasing from MOS, you acknowledge that MOS does not make any claims, guarantees, explicit or implied, for any specific results. You also acknowledge that it is possible to gain weight on a program. Failure to lose weight or meet your desired results will not be grounds for a refund, compensation, or to seek any damages against MOS.
MOS does not imply, suggest or represent that any of our programs have been approved for any individual use by one of our doctors, medical staff, supervisors or staff members. MOS PROGRAMS ARE NOT MEDICALLY SUPERVISED PROGRAMS. IF YOU HAVE ANY MEDICAL CONDITIONS, WE RECOMMEND, AND IN SOME CASES REQUIRE, YOU TO SEEK PHYSICIAN APPROVAL PRIOR TO STARTING A PROGRAM.
V. Nutrition Information
Please note that nutritional information on our site reflects recent updates to meals based on evolving ingredients. The nutritional information for meals at the time of their preparation is reflected on the labels on our meal containers.
VI. Credits and Refunds
If you are not satisfied with a meal for any reason, please contact our customer service team at firstname.lastname@example.org. You must report your issues within 5 days of the meal being delivered. Depending on the circumstances, we may provide you a full or partial credit or may refund of the purchase price for that delivery. MOS may require the return or photo documentation of the meal(s) that you are not satisfied with before we make a credit or refund.
VII. Food Substitution Policy
Although MOS takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. MOS is not responsible for unavailability of product due to popular demand, whether discontinued or still in production.
In the completion of orders, MOS reserves the right to substitute a similar product. When making substitutions, MOS takes great care to meet the requirements of your particular program or order. Substituted food items may contain different ingredients and allergens than those in items originally ordered. Prior to consumption, please be sure to carefully check all individual product packages for the most updated information regarding ingredients and nutritional content for any/all of MOS’s food products, including new and improved items, if you have any food allergies or if you are otherwise concerned about any particular ingredients.
Please Note: MOS’s food items may contain or may have been manufactured in a facility that also processes: dairy, eggs, fish, shellfish, soy, and tree nuts.
VIII. Shipping Problems
We sometimes use third-party carriers to deliver your food packages. It is very important that you provide us with the proper shipping information and any special instructions the delivery driver may need. For any shipping error that is caused by the carrier (including damaged packages or delayed deliveries), we will issue you a replacement delivery or replacement products at no additional charge. Please note, we may ask for pictures. For any shipping error caused by a mistake or omission of shipping information provided by the customer, we will provide our customers one courtesy replacement shipment per year at a 50% discount of the order’s purchase price.
IX. Your Responsibility to Protect Your Account
MOS reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in its sole discretion without notice. MOS will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, MOS may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
When you sign up to use the Site and create an account, you will be asked to create an account and establish a password. You are entirely responsible for maintaining the confidentiality of your password and you are entirely responsible for all activity made by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless MOS for losses incurred by MOS or another party due to someone else using your account or password. MOS has the right to disable any user name, password or other identifier, whether chosen by you or provided by MOS, at any time, in its sole discretion for any or no reason, if, in our opinion, you have violated any provisions of these Terms and Conditions.
X. Content Posted by You
Content posted by you includes, but is not limited to, ratings and reviews of meals, and postings on MOS’s bulletin boards, social media pages, chat rooms, and user blogs. These sites contain various pages where you and other members may post content (hereinafter, “Sites”). You may only post content to the Sites that you created or which the owner of the content has given you permission to post. You may not post or distribute content that is illegal or that violates these Terms and Conditions. By posting or distributing content to the Sites, you represent and warrant that (a) you own all of the rights to the content or are authorized to use and distribute the content to these Sites and (b) the content does not and will not infringe any copyright or any other thirdparty right nor violate any applicable law or regulation.
You should carefully choose the information you post on the Sites. Any content that you post to the Sites will be considered non-confidential and non-proprietary. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, or otherwise objectionable subject matter. You are solely responsible for anything you may post on these Sites and the consequences of posting anything on these Sites.
MOS is not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Sites.
XI. Content Posted by Other Users
MOS is not responsible for, and does not endorse, content in any posting made by other users on the Sites. You are solely responsible for your reliance on anything posted by another member on the Sites. Under no circumstances will MOS be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you or any third party in connection with the use of or reliance of any content posted by a third party on the Sites. If you become aware of any misuse of the Sites by any person, please contact MOS at email@example.com.
If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. MOS has the right to remove any user contributions from these Sites for any or no reason. MOS reserves the right to take necessary legal action against users.
XII. MOS Intellectual Property
The content of our Site or Sites are copyrighted as a collective work under the laws of the United States and other copyright laws. MOS holds the copyright in the collective work. The collective work includes works which may be property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site or Sites solely for your own noncommercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc.). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Site or Sites.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by MOS or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you access to the Site for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.
You must not (i) modify copies of any materials from the Site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by MOS. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
The MOS name, logo and all related names, logos, product and service names, designs and slogans are trademarks of MOS or its affiliates or licensors. You must not use such marks without the prior written permission of MOS. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
XIV. Copyright Protection
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting MOS (as set forth below) and providing the following information:
XV. Changes to the Site
MOS may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and MOS is under no obligation to update such material.
XVI. Information About You and Your Visits to the Site
XVII. Online Purchases and Other Terms and Conditions
All purchases through this Site or other transactions for the sale of goods or services or information formed through the Site or as a result of visits made by you are governed by these Terms and Conditions.
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
XVIII. Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. MOS has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Sites and/or Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by MOS, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of MOS. MOS is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
The Sites and/or Site and the content are provided on an “as is” and “as available” basis.
TO THE FULLEST EXTENT PERMITTED BY LAW, MOS, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
XX. Limitation of Liability
MOS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH MOS IS TO DISCONTINUE YOUR USE OF THE SITE. MOS AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES AND/OR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES AND/OR SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF MOS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MOS’S AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
All parties doing business with MOS directly, or indirectly, indemnify, defend, and hold MOS, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your use of the Sites and/or Site, including, but not limited to, any content that you may post, any use of the Sites’ AND/OR Site’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Sites and/or Site.
XXII. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the People of California, without regard to its conflict of laws rules.
XXIII. Resolving Disputes — Arbitration
Most customer concerns can be resolved quickly and to the customer’s satisfaction BY email our customer service department AT firstname.lastname@example.org. IF MOS’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if MOS has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
All disputes or claims that arise under or related to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court or by individual arbitration in accordance with the rules of the American Arbitration Association (hereinafter, “AAA”). Unless you and MOS agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879.
You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR MOS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIMS AS A REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. This transaction and the arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
XIV. Waiver and Severability
No waiver by MOS of any of the terms and conditions set forth in these Terms and Conditions 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 MOS to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions 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 and Conditions will continue in full force and effect.
XV. Entire Agreement
MOS may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your MOS account. You may give notice to MOS at any time via electronic mail.
Updated: April 20, 2019