Terms and Conditions

Welcome to Farm to Fit’s Website! Please read this agreement carefully. All purchases through this website are governed by the Terms and Conditions set forth below.

This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.

By using the Farm to Fit Website (“Site”) or placing an order, you accept and agree to be bound by these Terms and Conditions (“Terms and Conditions”).

The Site and Offerings, are intended for use by individuals in the United States of America (“Serviced Countries”). At this time, we do not accept orders from individuals outside the Serviced Countries. As such, by placing an Order through our Site or App, you warrant that you: (1) Are legally capable of entering into these Terms; (2) Are at least 18 years old; (3) Are a resident of a Serviced Country; and (4) Are accessing the Site or App from a Serviced Country.

We may update these Terms and Conditions from time to time at our sole discretion. Each time you use the Site or place an order, you are agreeing to the Terms and Conditions that are posted at that time. You are responsible for staying informed of any changes.

Health & Weight Loss Information

People with certain conditions must have physician approval prior to starting with Farm to Fit. These include, but are not limited to people who are: pregnant, have anorexia or bulimia, are diabetic, have chronic kidney disease or heart disease, children under 17 years old, nursing mothers, or anyone with a serious health condition.

Generally, we recommend all clients, consult your physician before beginning a Farm to Fit meal plan, or any weight loss program. Your physician may need to adjust your medications based on changes in your diet or exercise routine.

Farm to Fit provides nutritional, weight loss, and health information solely for informational purposes. Weight loss and health results are not guaranteed as actual results vary from person to person. Farm to Fit does not make any claims, guarantees, explicit or implied, for any specific results. Failure to lose weight, or meet your desired results, will not be ground for a refund or to seek any damages. Farm to Fit meal plans are not medically supervised . Nutritional information on our packaging are for informational purposes only and are accurate for the meals at the time of their conceptualization. There may be slight changes to the initially assessed nutrition facts based on seasonal availability of products.

Billing

The card you used to place your initial order will be automatically billed a cooler deposit within 24-48 hours of your initial order. This

By placing an order online, you agree that this refundable cooler deposit will be charged. The cooler deposit is refundable after return of yoru final cooler. It is your responsibility to return your cooler to us at 5411 NE Portland Highway within 60 days. If a cooler pick up is requested we will do so for the cost of one delivery fee. This will be deducted from the refund of the cooler. You can email [email protected] to arrange this. If we have not received your cooler bag(s) within 60 days of your last delivery, pick up or drop off of meals your cooler deposit will be forfeited.

Farm to Fit does not require ongoing subscriptions. If you choose to renew weekly, the card you used for your initial order will be charged weekly, for subsequent orders. If you choose to receive an ongoing subscription, the card you used to place your initial order will be billed automatically every week. You can update your card at any time by contacting us at 503-688-9248 or emailing [email protected] By placing your order online, or renewing your order with us, you authorize us to bill the card on file weekly. If you wish to cancel or modify your subscription to a Plan, you can do so at any time as described in the “Cancel or Modify a Meal Plan” section below; however, any amounts charged to or paid by you prior to cancellation will not be refunded.

Price Adjustments

Farm to Fit may change pricing at any time. You will be notified of any price changes via email, as appropriate, 14 days in advance. If you continue to order Farm to Fit meal plans, you agree to the increased price change and understand that your card will be charged the current price of the meal plan. If you disagree with the price change, you may cancel your plan at any time within the deadlines set forth in the “Cancel or Modify a Meal Plan” section below. All prices shown on the Site are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Site. Prices, taxes, and fees may vary geographically.

Cancelling or Modifying a Meal Plan

Following your initial order, you may cancel or modify you plan at any time. Please note that changes made after the order deadlines will take effect for the next available delivery. You may cancel or modify your plan by emailing [email protected] or calling 503-688-9248. Please note, that any amounts charged to you or paid by you prior to cancellation or modification will not be refunded. Farm to Fit will make its best effort to prorate charges for any plan modifications, when applicable, but cancellations or modifications may not impact any active order, depending on the status of the order. All cancellations or modifications must be made by the deadlines posted on our Site and in our email correspondence in order to take effect for the next delivery day. Any cancellations or modifications made after the published deadlines will take effect the day after the already processed delivery day.

Credits and Refunds

If you are not satisfied with a meal for any reason, please contact us at [email protected] or 503-688-9248. You must report your issues within 5 days of the meals being delivered. Depending on the circumstances, we will provide you a full or partial credit or refund the purchase price for that delivery. Farm to Fit may require photo documentation of the meal(s) that you are not satisfied with before we apply a credit or a refund.

If you cancel a subscription to a Plan before receiving your first order, your first order may or may not be cancelled and related amounts paid may or may not be refunded to you, depending on factors including the state of your meals in our production process, and any promotions applied. You will be notified if any of your charged orders will be cancelled and refunded, or if you will still receive the order after cancellation.

Gift Cards

You may purchase and/or otherwise receive Gift Cards through the Site. All accounts are subject to the Terms and Conditions. Farm to Fit Gift Cards may be redeemed on the Site. Any Gift Card balance will be applied toward your purchase Farm to Fit Meal Plans until the Gift Card is depleted. Gift Cards may not be redeemed for Cash. All sales of Gift Cards are final and non-refundable. Gift cards expire one year from the date of purchase as allowable by Oregon State Law. All sales of Gift Cards are final and nonrefundable.

Allergies, Special Requests, and Substitutions

Although Farm to Fit takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. Farm to Fit is not responsible for unavailability of product due to availability from local farmers, purveyors, or weather-related changes.

Farm to Fit reserves the right to substitute a similar product when advertised items no longer become available. Farm to Fit makes a great effort to meet the requirements of the food order when making substitutions. Substituted food items may contain different ingredients and allergens than those in items originally ordered.

Farm to Fit takes great care to accommodate allergies and requests. However, there is always a chance of cross contamination or even human error. Contact Farm to Fit immediately via email if you have any concerns about a substitution or allergy.

Farm to Fit’s food items may contain and have been manufactured in a facility that also processes: gluten, dairy, eggs, fish, shellfish, soy, and tree nuts. If you have celiac disease or are severely allergic to any of these items, please contact us. Placing your order online, indicates agreement to these warnings. Additionally, please note that it consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have a medical condition.

Delivery Problems

Farm to Fit utilizes employed deliver drivers and, in some cases, a third party courier service. It is important that you provide us with accurate delivery information and any special instructions. Meals are delivered between 2:00-6:00pm and may be left unrefrigerated for up to 4 hours. Farm to Fit is not responsible for any meals that are not refrigerated within that time frame. For delivery errors caused by the ddriver, we will make every effort to resolve the issue the same day. We may issue you a replacement delivery at not charge or a refund of the order, depending on the circumstance. For any delivery error caused by a mistake by the client, we will provide one courtesy replacement shipment at 50% discount of the cost, when possible. Missed pick-ups from Pick up locations will be discarded the next morning unless the pick up location is able to refrigerate the meals. This is done at the discretion of the pick-up location. Farm to Fit must be notified as soon as possible and no later than 10pm on the day of delivery of any delivery errors or missed pick-ups.

Pick-up locations are courtesy partners of Farm to Fit and operate independently of Farm to Fit’s operations or oversight. It is very important Farm to Fit clients respect the rules, security, and cleanliness of the pick-up locations. If issues or concerns arise surrounding a pick up location, please contact Farm to Fit directly at [email protected] or 503-688-9248

Protect your Account

When you create an account and establish a password, you are responsible for maintaining the confidentiality of your password. You are also responsible for the activity made by you or anyone you allow to use your account. You agree to indemnify and hold harmless Farm to Fit for losses incurred by Farm to Fit or another party due to someone else using your account or password.

Intellectual Property and Trademarks

Farm to Fit is the owner and operator of the Site. Additionally, Farm to Fit is the owner of, or duly licensed to utilize, all content, features, and functionality (including, but not limited to, all information, text, graphics, software, video, and audio, and the design, selection, and arrangement thereof) published on the Site. Commercial use of any of the material on the Site is prohibited. The contents of this Site are protected by the United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. The Farm to Fit name, logo and all related names, designs and slogans are trademarks of Farm to Fit. You may not use such marks without the prior written permission of Farm to Fit.

If you believe any materials on the Site infringe on your copyright, you may request removal of those materials from the Site by contacting Farm to Fit.

Force Majeure

We will not be liable or responsible for any failure to perform, or delay the performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) Strikes, lock-outs, or other industrial action; (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, extreme weather, or other natural disaster; (4) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) Impossibility of the use of public or private telecommunications networks; and (6) The acts, decrees, legislation, regulations, or restrictions of any government.

Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.

Limitation of Liability

Farm to Fit’s entire liability and your exclusive remedy with respect to any dispute with Farm to Fit is to discontinue your use of the Site. Farm to Fit and its Vendors shall not be Liable for any damages arising from your use of the Site.

Indemnification

You agree to indemnify, defend, and hold Farm to Fit, its offers, 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 Site.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Oregon, without regard to its conflict of laws rules.

Resolving Disputes – Arbitration

Many concerns can be resolved quickly and to the client’s satisfaction by us at 503-688-9248. If Farm to Fit is unable to resolve a matter to your satisfaction, 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 will be resolved either in small claims court or by individual arbitration in accordance with the rules of the American Arbitration Association (“AAA”).

You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR FARM TO FIT 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).

Resolving Disputes – Arbitration

No waiver by Farm to Fit 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 Farm to Fit 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.

Entire Agreement

These Terms and Conditions constitute the sole and entire agreement between you and Farm to Fit with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.