Terms and Conditions | Ideal Nutrition

IDEAL NUTRITION

TERMS AND CONDITIONS

 

Last Updated: July 07, 2026

 

Welcome to Ideal Nutrition! Ideal Nutrition LLC (“Ideal Nutrition”, “we”, “us”, or “our”) is pleased to provide you with our “Services”, which means, collectively: (i) our websites, including idealnutritionnow.com, and all related domains, online stores and portals, and webpages; (ii) any emails, text messages (SMS), communications, chats, or other mediums, or portions of such mediums, through which you have accessed or that otherwise incorporate by reference these Terms and Conditions (these “Terms”); (iii) our services, subscriptions, and products that we make available for purchase; and (iv) any information, materials, and content viewable on, contained in, or available or purchasable through any of the foregoing.   

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING AND USING OUR SERVICES. BY ACCESSING AND USING OUR SERVICES, OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, OR ANY PORTION OF THESE TERMS (INCLUDING ANY PORTION OF OUR PRIVACY POLICY), YOU MUST NOT ACCESS OR USE OUR SERVICES.

 

PLEASE BE ADVISED THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS AND DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE TERMS ALSO ALLOW YOU TO PURSUE CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. AS A RESULT, YOU MAY SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS.

 

WE MAY IMMEDIATELY TERMINATE YOUR ACCESS TO OUR SERVICES (IN WHOLE OR IN PART) IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS, IF WE BELIEVE YOUR USE OF ALL OR ANY PORTION OF OUR SERVICES WILL REFLECT POORLY ON US, OUR SERVICES, OR OUR GOODWILL, OR IF WE OTHERWISE DEEM YOUR USE OF OUR SERVICES TO BE ILLEGAL OR OTHERWISE INAPPROPRIATE, IN EACH CASE, IN OUR SOLE AND ABSOLUTE DISCRETION.

 

ADDITIONALLY, YOUR SUBSCRIPTION PLAN WILL AUTOMATICALLY RENEW UNLESS YOU CANCEL THE AUTO-RENEWAL IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN SECTION 2 BELOW.

 

Changes to these Terms: We may change or update these Terms from time to time in our sole discretion. The version of these Terms that you agree to will apply unless and until you have agreed to our revised Terms.

 

Mobile (SMS) Terms and Conditions: Your use of our SMS or mobile messaging services is governed by our Mobile (SMS) Terms and Conditions, available at this link, which are incorporated into and form part of these Terms by this reference. By opting in to receive SMS or mobile messages, you acknowledge that you have read, understood, and agree to be bound by such Mobile (SMS) Terms and Conditions, as may be updated from time to time.

 

Food Allergy Disclaimer:

 

IMPORTANT: We cannot accommodate individuals with moderate, severe, or life-threatening food allergies. By enrolling in any Ideal Nutrition meal plan or purchasing any Ideal Nutrition product, you acknowledge and expressly agree to the following:

 

All meals are prepared in shared kitchen facilities that process common allergens, including nuts (including tree nuts and peanuts), gluten, wheat, dairy, shellfish, fish, soy, eggs, and sesame. Cross-contamination may occur despite reasonable precautions, and we make no representations, warranties, or guarantees that any meal is free from allergens.

 

We will not be liable for any allergic reactions, adverse health effects, or complications arising from the consumption of our meals, including reactions caused by cross-contamination or undisclosed trace allergens.

 

If you have any food allergies or sensitivities, we strongly advise that you consult with a qualified healthcare professional before enrolling in our meal programs. Participation in our Services is entirely at your own risk with respect to allergen exposure. If you have questions regarding specific ingredients in any meal, please contact customer service prior to consumption.

 

Food Safety Notice: In accordance with FDA food safety guidance, you should promptly refrigerate all perishable meals upon delivery. Meals requiring refrigeration should not be left at room temperature for more than two hours, or for more than one hour if the ambient temperature is above 90°F (32°C). Keep refrigerated foods at or below 40°F (4°C). If a meal is intended to be served hot, follow all heating instructions and consume promptly after heating. Do not consume any meal if you have reason to believe it has been improperly stored, held outside safe temperature conditions, or otherwise compromised. 

 

Taste and Preference Disclaimer: We provide meals based on general nutritional guidelines and available menu options. We make no guarantee that any meal will meet your personal taste preferences, flavor expectations, or subjective satisfaction. By using our Services, you acknowledge and agree that we will not be responsible or liable for any dissatisfaction, complaints, or claims arising from your personal dislike of the taste, flavor, texture, appearance, or overall quality of any meal provided. All meals are provided and delivered on an “as-is” basis with respect to taste and personal preference, and no refunds, credits, or exchanges will be issued solely on the basis of personal dissatisfaction with the meals received.

 

Limitation of Liability for Meal Handling: In addition to the other limitations on liability set forth in these Terms, and to the fullest extent permitted by applicable law, neither we nor our officers, managers, owners, employees, contractors, or agents will be liable for any illness, injury, loss, damage, health complication, or other claim arising from or relating to your mishandling, failure to refrigerate, improper storage, improper reheating, improper preparation, delayed consumption, or other mishandling of meals following delivery. By accepting delivery of any Ideal Nutrition meal, you assume all responsibility for the safe handling, storage, and consumption of such meal, including responsibility to (i) promptly inspect the meal upon receipt, (ii) follow all storage and reheating instructions, and (iii) handle the meal in a safe and sanitary manner after delivery.

 

1.    CONSENT TO ELECTRONIC COMMUNICATIONS. By registering for an account, accessing, or using our Services, you consent to receive all communications from us electronically. We may communicate with you by email, by posting notices on our Services, or by other electronic means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You acknowledge that your consent to receive electronic communications is voluntary. You may withdraw your consent at any time by contacting us at support@idealnutritionnow.com. Because electronic communications are necessary to provide and administer our Services, withdrawal of consent may result in the suspension or termination of your account or access to some or all of our Services, except where prohibited by applicable law. To receive communications in non-electronic form, you may request a paper copy of any record by contacting us at support@idealnutritionnow.com, and we will provide it free of charge. To receive electronic communications, you must have: (a) a device with internet access; (b) a current, valid email address; and (c) a current web browser that supports TLS 1.2 or higher. You are responsible for maintaining a valid email address on file with us.

 

2.    FEES AND PAYMENT.

 

(a)       Subscriptions and Other Purchases. If you sign up for a paid subscription or otherwise pay for our Services that are otherwise subject to a fee, you agree to pay us all charges associated with such subscription or other Services, as applicable, and as described on the Services at the time you submit your payment information. You may be asked to supply certain information relevant to your subscription or purchase, including your name, e-mail, mailing address, your payment card number, the expiration date of your payment card, and your billing address. You represent and warrant that: (i) you have the legal right to use any credit cards or other payment methods in connection with any subscription or purchase; and (ii) the information you provide is true, correct, and complete. Our Services may employ the use of third-party services for the purpose of facilitating payment and the completion of purchases. You authorize us, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen subscription, service, or product, as applicable. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to correct any errors or mistakes that we make even if we have already requested or received payment.

 

(b)       Additional Fees May Apply. You acknowledge and agree that certain features, products, or services offered by us may require payment of additional fees beyond your subscription. Such features, products, or services are not included in your subscription plan. You agree to pay all applicable fees associated with your use of any such additional features, products, or services.

 

(c)        Billing and Payment. Our meal plans are available under two billing options: (i) Auto-Renew Subscription or (ii) Pay-As-You-Go. Upon enrollment, you agree to the billing frequency and payment terms associated with your selected plan.

                     (i)         For Auto-Renew Subscription plans, your designated payment method (credit card, debit card, or bank account) will be automatically charged on a weekly basis in accordance with your selected plan, inclusive of all applicable taxes. Billing dates may vary depending on your initial enrollment date and weekly meal selections. If your account balance is insufficient to cover an upcoming delivery, re-billing may occur earlier than your regularly scheduled billing date.

 

                   (ii)         For Pay-As-You-Go plans, you will be charged at the time of each order based on the meals selected and any applicable delivery fees and taxes.

 

                  (iii)         All charges are processed in U.S. dollars unless otherwise indicated at the time of purchase. You are responsible for ensuring that your payment information remains current and accurate. We reserve the right to suspend or terminate your account if payment cannot be successfully processed after reasonable attempts.

 

(d)    Automatic Subscription Renewal and Cancellation.

 

                        (i)      YOUR AUTO-RENEW SUBSCRIPTION WILL CONTINUE TO RENEW AUTOMATICALLY AT THE END OF EACH BILLING CYCLE UNTIL YOU CANCEL. TO DISCONTINUE AUTO-RENEWAL, YOU MUST PROVIDE WRITTEN NOTICE AT LEAST TWO (2) BUSINESS DAYS PRIOR TO THE END OF YOUR CURRENT BILLING CYCLE. CANCELLATION REQUESTS MAY BE SUBMITTED BY EMAIL TO SUPPORT@IDEALNUTRITIONNOW.COM OR BY CALLING 1-888-557-2018 DURING NORMAL BUSINESS HOURS. IF TIMELY NOTICE IS NOT RECEIVED, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU WILL BE CHARGED FOR THE NEXT BILLING CYCLE.

 

                      (ii)      If you are unsure of your current billing cycle dates, please contact our support team for clarification prior to submitting a cancellation request.

 

(e)    No Refunds. NO REFUNDS WILL BE ISSUED FOR UNUSED PORTIONS OF A BILLING CYCLE ONCE A CHARGE HAS BEEN PROCESSED. YOU REMAIN RESPONSIBLE FOR ALL CHARGES INCURRED THROUGH THE END OF ANY BILLING CYCLE FOR WHICH A CANCELLATION NOTICE WAS NOT TIMELY RECEIVED.

 

(f)      Price Changes. Notwithstanding anything to the contrary in these Terms, we may change our pricing at any time. If you are an active subscriber, we will provide you with advance notice of any such price changes before they take effect.

 

3.    REFUND AND CREDIT POLICY.

 

If you receive a meal that does not meet our quality standards due to issues with ingredients, preparation, or presentation upon arrival, you must notify us within seven (7) days of delivery by emailing support@idealnutritionnow.com. We may require photographic documentation to evaluate your claim. All claims will be reviewed at our sole discretion. If a claim is approved, we may issue a credit in the form of replacement meals or account credit to be applied toward future orders. Refunds to original payment methods are not guaranteed and will be issued only at our sole discretion.

 

 Our money-back guarantee applies exclusively to your first order only. If you are dissatisfied with your first order for any reason, including personal taste preferences, you may request a full refund by contacting us within seven (7) days of delivery. This guarantee does not extend to subsequent orders.

Claims for meals that arrive unfit for consumption due to verified shipping-related issues will be evaluated on a case-by-case basis and, if validated by us in our sole discretion, credited accordingly. We are not responsible for orders that are undelivered, delayed, or damaged as a result of incorrect or incomplete addresses provided, failure to retrieve deliveries in a timely manner, or third-party carrier delays.

 

4.    DELIVERY FFES. Delivery fees vary based on your plan type and delivery location:

 

·         Auto-Renew Subscription Plan: No delivery fee.

·         Pay-As-You-Go Plan: A delivery fee of $6.50 to $13.00 per delivery applies, based on your delivery location.

 

Delivery fees are subject to change. Any changes to delivery fees will be communicated in advance of your next billing cycle or order.

 

5.    IN-STORE PICK-UP. You may elect to pick up orders at participating Ideal Nutrition retail locations. A service fee of $3.00 per pick-up applies. Pick-up availability, hours, and locations are subject to change without prior notice. We are not responsible for orders not retrieved within the designated pick-up window.

 

6.    ORDER MODIFICATIONS AND WEEKLY MEAL SELECTIONS. Subscription customers must finalize their weekly meal selections by Friday at 11:00 PM Eastern Time each week. If no selection is received by the deadline, we will auto-generate your order based on your previous selections and stated preferences. Any modifications or cancellations to a weekly order must be submitted by Friday at 11:00 PM Eastern Time. After this cutoff, orders are processed, and ingredients are procured. No modifications, cancellations, or refunds will be available for orders that have passed the weekly deadline.

 

7.    BAG AND PACKAGING RETURN POLICY. You are expected to return reusable delivery bags and ice packs on your next scheduled delivery date. You should have no more than two (2) bags in your possession at any time. Bags may also be returned to any Ideal Nutrition retail location during normal business hours. Ideal Nutrition reserves the right to charge a replacement fee for unreturned bags or ice packs.

 

8.    GIFT CARD TERMS AND CONDITIONS. By purchasing, accepting, or using an Ideal Nutrition gift card (“Gift Card”), you agree to the following terms:

 

(a)       Redemption: Gift Cards are redeemable only for the purchase of goods and services at participating Ideal Nutrition retail locations and online at idealnutritionnow.com. Gift Cards may not be used to purchase other gift cards.

 

(b)       Non-Refundable; Non-Redeemable for Cash: Gift Cards are not returnable, refundable, or redeemable for cash, except where required by applicable law. In jurisdictions where cash redemption is required by law, redemption will be subject to the terms of such law.

 

(c)        Lost or Stolen Cards: Ideal Nutrition is not responsible for lost, stolen, damaged, or destroyed Gift Cards, or for any unauthorized use thereof. Gift Cards should be treated as cash. Lost or stolen Gift Cards will not be replaced or refunded.

 

(d)       Expiration and Fees: Ideal Nutrition Gift Cards do not expire and are not subject to any service fees.

 

(e)       Balancing Inquiries: Gift Card balances may be checked at any time by visiting idealnutritionnow.com or by contacting customer service at support@idealnutritionnow.com or 1-888-557-2018.

 

(f)         Limitations on Use: Gift Cards cannot be reloaded, resold, or transferred for value. Gift Cards may not be used for unauthorized advertising, marketing, sweepstakes, contests, or other promotional purposes without our prior written consent.

 

(g)       Fraud and Abuse: We reserve the right to refuse, void, cancel, or hold the use of any Gift Card if we reasonably suspect fraud, tampering, unauthorized use, or any violation of these Terms. We may require verification of identity or proof of purchase before honoring a Gift Card.

 

9.    USE OF OUR SERVICES.

 

(a)       General. You acknowledge that these Terms are supported by reasonable and valuable consideration, which you have received, and which is adequate. Such consideration includes your ability to access, use, or interact with our Services. You represent and warrant that you have the capacity to be bound by these Terms. As an individual interacting with our Services in your individual capacity or on behalf of an entity, you represent and warrant that you have all right, power, and authority to enter into these Terms on your own or such entity’s behalf and bind yourself or such entity, as applicable, to these Terms. If you are entering these Terms on behalf of an entity, all references in these Terms to “you” and “your” will mean such entity. We reserve the right to reject any subscription or account registration on or through our Services at any time, for any reason, in our sole and absolute discretion, including if your registration does not meet our requirements for registration or sign up.

 

(b)       Restrictions and Prohibited Uses. You will not, and will not permit others to, directly or indirectly: (i) reverse engineer, decompile, disassemble, decode, adapt, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to our Services or any related software, documentation, or data (collectively, “Technology”); (ii) modify, translate, or create derivative works of, from or otherwise based on our Services or any Technology, in whole or in part; (iii) access or use our Services for timesharing or reselling purposes or otherwise for the benefit of a third party (other than expressly authorized by us); (iv) upload to or otherwise use our Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or material in violation of third-party rights, including privacy rights; (v) upload to or otherwise use our Services to store or transmit code, files, scripts, agents or programs intended to do harm, including viruses, worms, time bombs and Trojan horses; (vi) interfere with or disrupt the integrity or performance of our Services or any Technology (in whole or in part); (vii) attempt to gain unauthorized access to our Services, the Technology, or any of their related systems or networks, or access or use our Services other than through the use of your own then valid Access Credentials (as defined below); (viii) permit direct or indirect access to or use of our Services in a way that circumvents a contractual usage limit; (ix) frame or mirror the whole or any part of our Services (including any Technology); (x) access our Services or the Technology (in whole or in part) in order to build a competitive product or service; (xi) remove any proprietary notices or labels of or from our Services or the Technology; (xii) access or use our Services in any way that violates these Terms, any third-party rights, or any Laws (as defined below), including anti-spam, export control, privacy, or anti-terrorism laws and regulations; (xiii) use our Services (in whole or in part), or any information contained therein, in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise harassing, abusive, objectionable, or offensive; or (xiv) provide false or inaccurate information when registering for our Services, using our Services, or communicating with us or other users.

 

(c)        Artificial Intelligence Restrictions: Except as we expressly authorize in writing, you will not, and will not permit others to, directly or indirectly: (i) use our Services or any Technology to train, develop, fine-tune, validate, benchmark, or otherwise improve any artificial intelligence, machine learning, large language model, or similar algorithmic system; (ii) use any robot, spider, crawler, scraper, data mining tool, automated script, or other automated means to access, monitor, copy, extract, or collect any data or content from our Services or any Technology for the purpose of creating, training, improving, testing, or operating any artificial intelligence or machine learning system; (iii) use our Services or any Technology to create, market, distribute, or enable any product or service that competes with, replicates, or substitutes for our Services or any Technology through the use of artificial intelligence or machine learning technologies; or (iv) input, submit, or otherwise disclose any proprietary, confidential, or non-public content obtained from us or our Services or any Technology into any third-party artificial intelligence platform or service.

 

(d)       Access Credentials. You may be issued a username, password, link, or other security code, method, or technology, alone or in combination, to verify an individual’s identity and authorization to access and use our Services (“Access Credentials”). We encourage you to use strong Access Credentials (i.e., in the case of a password, one that is long, uses a mix of letters (upper and lower case), numbers and symbols, and has no ties to your personal information, and no dictionary words) even if our Services permit simple Access Credentials. You have and will retain sole responsibility for the security and use of all Access Credentials, including for any losses that you or any third party may suffer as a result of the authorized or unauthorized use of any Access Credentials by any third party. We reserve the right to disable any Access Credentials at any time in our discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

 

(e)       Your Information. You will ensure (and represent, warrant and covenant) that any information, data, content, or materials provided by you to us on or otherwise as a result of your use of our Services (collectively, “Your Information”), as well as your activities in connection with, use of or access to our Services, are accurate, complete and do not and will not violate any applicable laws, rules, regulations, statutes, or orders having the force of law (collectively, “Laws”) or infringe on a third party’s intellectual property or other rights. Without limiting the generality of the foregoing, if Your Information  includes any personal information of individuals, you will ensure that your collection and submission to our Services of the same, and your and our use and storage of the same as contemplated by these Terms does not violate any third party rights, and otherwise complies with Laws, including any Laws relating to the consent of, or disclosure to, consumers with respect to the collection, use or disclosure of such information as contemplated by these Terms. If we receive information indicating, or we otherwise reasonably believe, that all or any portion of any of Your Information may violate Laws, any third-party rights, or otherwise could reflect poorly on us or negatively impair our goodwill (in each case, in our sole and absolute discretion), we may notify you and, if you fail to remove or modify the relevant portion of Your Information from our Services within two business days, then we may delete the relevant portion of Your Information from such Services. By providing us with Your Information, you grant us a worldwide, royalty-free, irrevocable, transferable, and sublicensable right and license to use Your Information, in whole or in part, to provide our Services to you and as otherwise set forth in these Terms and our Privacy Policy, without any compensation or notice to you whatsoever.

 

(f)         Your Information May Expose You to Liability. You acknowledge that Your Information may expose you to liability. For example, but not by way of limitation, you may be exposed to liability if Your Information contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any Laws.

 

(g)       Your Systems. You are responsible for: (i) obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use our Services, including modems, hardware, servers, software, operating systems, networks, web servers, and the like (collectively, “Your Systems”); (ii) maintaining the security of all of Your Systems; and (iii) all uses of your accounts and Your Systems. You acknowledge and agree that failure to obtain and maintain Your Systems and otherwise meet any applicable technical requirements of or relating to our Services may cause our Services to (in whole or in part) be unavailable, or function ineffectively or inappropriately. We will in no event be responsible for any downtime, losses, failures or liabilities that arise as a result of your failure to comply with the requirements set forth in this Section. You acknowledge that use of our Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your sole responsibility.

 

(h)       Territorial Restrictions. We control and operate our Services from the United States of America (“U.S.”) and we make no representations or warranties that the information, products, or services provided on or through our Services, are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the Laws of that jurisdiction or if it would subject us to the Laws of, or any registration requirement with, such jurisdiction. We reserve the right, at any time and in our sole discretion, to limit the availability of our Services to any person, geographic area, or jurisdiction. We may exercise this right without prior notice and for any reason, including compliance with applicable Laws or risk management considerations. Our Services may reference products or services that are not available in all locations. Any reference to a product or service does not imply or guarantee that it is or will be available in your location.

 

(i)         INFORMATIONAL CONTENT. ALL CONTENT, INFORMATION, AND MATERIALS AVAILABLE ON, THROUGH, OR AS A RESULT OF OUR SERVICES (COLLECTIVELY, “SERVICE CONTENT”) ARE PROVIDED SOLELY FOR YOUR INFORMATIONAL PURPOSES AND DO NOT CONSTITUTE, AND SHALL NOT BE CONSTRUED AS, PROFESSIONAL, LEGAL, MEDICAL, HEALTH, FINANCIAL, OR OTHER EXPERT ADVICE. YOU SHOULD NOT RELY ON ANY SERVICE CONTENT FOR ANY PURPOSE WITHOUT INDEPENDENT VERIFICATION AND CONSULTATION WITH QUALIFIED PROFESSIONALS. SERVICE CONTENT MAY BE INCOMPLETE, OUTDATED, OR INACCURATE DUE TO CHANGING CIRCUMSTANCES OR OTHER CAUSES AND MAY CHANGE AT ANY TIME WITHOUT NOTICE. WE DO NOT REPRESENT OR WARRANT THAT ANY SERVICE CONTENT IS ACCURATE, COMPLETE, CURRENT, RELIABLE, SUITABLE FOR ANY PARTICULAR PURPOSE, OR FREE OF ERRORS, OMISSIONS, OR OTHER INACCURACIES. WITHOUT LIMITING THE FOREGOING, ALL SERVICE CONTENT IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOU ASSUME THE SOLE AND ENTIRE RISK ARISING OUT OF YOUR USE OF OR RELIANCE ON ANY SERVICE CONTENT. WE WILL HAVE NO LIABILITY OF ANY KIND WITH RESPECT TO ANY SERVICE CONTENT OR YOUR USE THEREOF. YOUR USE OF OUR SERVICES AND ALL SERVICE CONTENT MUST COMPLY WITH ALL APPLICABLE LAWS IN ALL RESPECTS.

 

10.               TERMINATION. We reserve the right, in our sole discretion, to immediately terminate your access to all or part of our Services, or to terminate your subscription, with or without notice, for any reason or no reason in our sole discretion, including if we determine that you are not eligible to use our Services, you have violated these Terms, you are not suitable for participation as a subscriber of our Services, or you have mis-used or mis-appropriated our Services (in whole or in part), including use on a “mirrored,” competitive, or third-party site.

 

11.   THIRD-PARTY SERVICES.

 

(a)    Third-Party Services. You acknowledge and agree that: (i) certain features, functionalities, or services available on or through our Services may be provided by third parties (collectively, “Third-Party Service Providers”, and such features, functionalities, or services, collectively, “Third-Party Services”); (ii) our Services and certain of their features or functionalities may rely on application programming interface (“API”) integrations, which are subject to inherent unpredictability and inconsistency outside of our control, and we will have no liability for any downtime caused by API integration failures; (iii) we will have no liability for any downtime, unavailability, errors, or other issues relating to the features, functionalities, or data in our Services caused in whole or in part by any Third-Party Services, Third-Party Service Providers, or API integration failures; (iv) Third-Party Service Providers may impose additional restrictions on the use of their respective Third-Party Services, including terms and conditions entered into by, or otherwise made available to, you (collectively, “Third-Party Requirements”); (v) you are solely responsible for, and will ensure that you comply with, all Third-Party Requirements; and (vi) we may at any time terminate or discontinue any Third-Party Services, including as a result of the termination of our relationship with the applicable Third-Party Service Provider.

 

(b)    Links to Third-Party Sites or Content. Links from our Services to external sites, or the inclusion of advertisements and other third-party content on our Services, do not constitute an endorsement by us of such sites or of the content, products, services, advertising, or other materials presented on or through them. Such links and third-party content are provided for our users’ reference and convenience only. We do not control third-party sites or content and are not responsible or liable for any such sites, content, products, or services. Third-party sites and content are governed by their respective owners’ terms of use or service and privacy policies and not by these Terms or our Privacy Policy. We expressly disclaim any liability arising from the use or viewing of links to third-party sites or third-party content that may appear on our Services. You agree to hold us harmless from any liability that may result from the use of such links or content.

 

12.   INTELLECTUAL PROPERTY AND OWNERSHIP.

 

(a)    Ownership. You will own all right, title, and interest in and to Your Information. We or our licensors, service providers, or suppliers will own and retain all right, title, and interest in and to the following: (i) our Services, the Technology, and all improvements, enhancements, or modifications to any of the foregoing; (ii) any work product, including any software, applications, inventions, or other technology or intellectual property developed, authored, or reduced to practice in connection with our Services; (iii) our names, logos, brands, trademarks, service marks, copyrights, patents, trade secrets, and our other intellectual property, including the “Ideal Nutrition” brand, name, and logo; (iv) any suggestion, enhancement request, recommendation, correction or other feedback relating to our Services in whole or in part (“Feedback”); (v) any and all performance data, test or evaluation results, or other metrics derived from our Services, including Aggregated Data (as defined below); and (vi) all intellectual property rights related to any of the foregoing. We expressly reserve all other rights in and to the foregoing. During and after the term of your use of our Services, each of you and we will cooperate with the other to do any and all things which are reasonably necessary or desirable to establish, maintain, protect, and enforce our or your exclusive ownership of the property identified in this Section. You will not use any of our intellectual property for any reason, without first obtaining our prior written consent.

 

(b)    Use of Data and Feedback. Notwithstanding anything to the contrary and to the extent not prohibited by Law, we will have the right to collect and analyze Your Information and other information relating to the provision, use, and performance of various aspects of our Services, and will be free (during and after the term of your use of our Services) to: (i) use such information and data to improve and enhance our Services and for other development, diagnostic, and corrective purposes in connection with our Services; and (ii) use and disclose such information and data solely in aggregate or other de-identified form in connection with our business without disclosing your identity (“Aggregated Data”). No rights or licenses are granted except as expressly set forth herein. Any improvements, enhancements, or other modifications created, prepared, produced, authored, edited, amended, conceived, or reduced to practice by us (whether alone or together with you or any other third party or parties) arising out of or relating to Feedback are and will remain our sole and exclusive property.

 

13.   PRIVACY. We use Your Information as set forth in our Privacy Policy. Our Privacy Policy is hereby incorporated into these Terms by reference.

 

14.   GENERAL DISCLAIMERS. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Without limiting the generality of the foregoing:

 

(a)    You acknowledge that all or a portion of our Services may be temporarily unavailable due to scheduled maintenance, unscheduled emergency maintenance (whether performed by us or by third-party providers), or other causes beyond our control. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO WE MAKE ANY REPRESENTATION OR WARRANTY THAT OUR SERVICES (IN WHOLE OR IN PART) WILL: (i) MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, EXPECTATIONS, OR NEEDS; (ii) ACHIEVE ANY PARTICULAR RESULT OR OUTCOME; (iii) BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES; OR (iv) BE SECURE, ACCURATE, COMPLETE, RELIABLE, AVAILABLE, FREE OF HARMFUL CODE OR VIRUSES, OR FREE OF ERRORS.

 

(b)    WE DO NOT: (i) WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION AVAILABLE ON, THROUGH, OR AS A RESULT OF OUR SERVICES, AND WE HEREBY EXPRESSLY DISCLAIM ANY LIABILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT OR INFORMATION; AND (ii) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US.

 

(c)     WE MAKE NO GUARANTEES REGARDING THE CONTINUED AVAILABILITY, FEATURES, OR BENEFITS OF OUR SERVICES. OUR SERVICES AND ANY ASSOCIATED FEATURES ARE SUBJECT TO CHANGE AT ANY TIME, WITHOUT NOTICE, AND BY ANY METHOD IN OUR SOLE DISCRETION.

 

15.      NUTRITIONAL AND HEALTH DISCLAIMERS.

 

(a)    OUR SERVICES AND MEAL PLANS ARE FOR GENERAL INFORMATIONAL AND CONVENIENCE PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR NUTRITIONAL COUNSELING. MEALS MAY CONTAIN OR COME INTO CONTACT WITH COMMON ALLERGENS, INCLUDING NUTS, DAIRY, GLUTEN, SHELLFISH, SOY, AND EGGS, AND WE CANNOT GUARANTEE A COMPLETELY ALLERGEN-FREE ENVIRONMENT. YOU SHOULD CONSULT A QUALIFIED PHYSICIAN BEFORE STARTING ANY MEAL PLAN, PARTICULARLY IF YOU HAVE PRE-EXISTING CONDITIONS SUCH AS DIABETES, KIDNEY DISEASE, OR FOOD ALLERGIES. WE ARE NOT RESPONSIBLE FOR SPOILAGE OR DEGRADATION CAUSED BY DELAYS OUTSIDE OF OUR CONTROL, INCLUDING CARRIER DELAYS OR WEATHER EVENTS. YOU UNDERSTAND THAT INDIVIDUAL DIETARY NEEDS, HEALTH CONDITIONS, AND RESPONSES TO FOOD VARY SIGNIFICANTLY FROM PERSON TO PERSON. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE RESULTS YOU MAY ACHIEVE FROM USING OUR SERVICES, INCLUDING WEIGHT LOSS, IMPROVED HEALTH OUTCOMES, OR ANY OTHER SPECIFIC BENEFIT.

 

(b)    BY PURCHASING FOOD FROM US, YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISKS ASSOCIATED WITH THE PURCHASE, PREPARATION, HANDLING, AND CONSUMPTION OF FOOD PRODUCTS NOT PREPARED BY YOU. THESE RISKS INCLUDE THE POTENTIAL FOR FOODBORNE ILLNESS, ALLERGIC REACTIONS, CROSS-CONTAMINATION, AND OTHER ADVERSE HEALTH EFFECTS THAT MAY ARISE FROM THE CONSUMPTION OF FOOD PRODUCTS. YOU ACKNOWLEDGE THAT, DESPITE REASONABLE PRECAUTIONS TAKEN BY US IN THE PREPARATION AND HANDLING OF FOOD, CERTAIN INHERENT RISKS EXIST THAT CANNOT BE ENTIRELY ELIMINATED. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SAFETY, QUALITY, OR SUITABILITY OF ANY FOOD PRODUCT FOR ANY PARTICULAR DIETARY NEED OR RESTRICTION. IF YOU HAVE ANY KNOWN FOOD ALLERGIES, SENSITIVITIES, OR DIETARY RESTRICTIONS, IT IS YOUR SOLE RESPONSIBILITY TO INQUIRE ABOUT INGREDIENTS AND PREPARATION METHODS PRIOR TO PURCHASING ANY OF OUR SERVICES OR FOOD PRODUCTS FROM US. FAILURE TO DISCLOSE SUCH INFORMATION WILL NOT GIVE RISE TO ANY LIABILITY ON US.

 

16.      LIMITATIONS ON LIABILITY.

 

(a)    IN NO EVENT WILL WE OR ANY OF OUR LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR THE PROVISION OF OUR SERVICES, UNDER ANY LEGAL OR EQUITABLE THEORY (INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE), FOR ANY: (i) LOSS OF PRODUCTION, WAGES, USE, BUSINESS, GOODWILL, REVENUE, OR PROFIT, OR DIMINUTION IN VALUE; (ii) IMPAIRMENT, INABILITY TO USE, OR LOSS, INTERRUPTION, OR DELAY OF OUR SERVICES; (iii) LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF YOUR ASSETS OR DATA, OR BREACH OF DATA OR SYSTEM; OR (iv) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, IN EACH CASE REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

 

(b)    IN NO EVENT WILL WE OR ANY OF OUR LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO YOUR OWN CONDUCT OR ANY THIRD PARTY’S CONDUCT IN CONNECTION WITH OUR SERVICES OR OTHERWISE, INCLUDING ANY ACTIONS OR OMISSIONS BY YOU OR A THIRD PARTY THAT RESULT IN HARM, LOSS, OR DAMAGE.

 

(c)     IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF US AND OUR LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS, ARISING OUT OF OR RELATING TO THESE TERMS OR THEIR SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY (INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE), EXCEED THE AMOUNTS PAID BY YOU TO US UNDER THESE TERMS DURING THE ONE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR, IF YOU HAVE NOT PAID US FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00. [GL7] THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

 

(d)    Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If such laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you. To the extent that any of the foregoing is determined or held to be inapplicable or unenforceable by any court, Arbitrator (as defined below), arbitration panel, or other tribunal, the statute of limitations for the State of Florida, including Chapter 95 of the Florida Statutes, will apply to any such action, claim, dispute, or proceeding.

 

17.               INDEMNIFICATION. You will indemnify, defend, and hold harmless us and our affiliates, licensors, and service providers, and each of our and their respective officers, directors, members, managers, employees, contractors, agents, suppliers, successors, and assigns, from and against any and all claims, actions, losses, damages, judgments, liabilities, costs, and expenses (including reasonable attorneys’ fees and the costs of enforcing this provision and of pursuing any insurance providers) arising from or relating to: (a) any of Your Information, including any use, disclosure, or storage thereof by us or on our behalf in accordance with these Terms and our Privacy Policy; (b) your failure to comply with any applicable Laws, or any of your other obligations, covenants, representations, or warranties set forth in these Terms; (c) your breach of these Terms or your use or misuse of our Services, in whole or in part, including any failure to follow handling instructions or any misrepresentation of health conditions; or (d) the use of our Services by any other person using your Access Credentials. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement that may adversely affect our rights or obligations will be made without our prior written consent. We reserve the right, at our own expense and upon notice to you, to assume exclusive defense and control of any such claim or action.

 

18.               OUR REMEDIES. You acknowledge that we may be irreparably harmed if these Terms are not specifically enforced and that monetary damages alone would constitute an inadequate remedy. Accordingly, in the event of a breach or threatened breach of any provision of these Terms by you, we will be entitled, in addition to all other rights and remedies available at law or in equity, to seek injunctive relief restraining such breach or threatened breach, as well as a decree of specific performance of the provisions of these Terms, in each case without the necessity of demonstrating actual damages or posting any bond or other security. You further agree that, notwithstanding the Dispute Resolution – Arbitration Agreement set forth below, we may commence any action or proceeding seeking such injunctive relief in the courts of record of Palm Beach County, Florida, or the United States District Court for the Southern District of Florida, West Palm Beach Division. You hereby consent to the personal jurisdiction of such courts, submit to the exclusive jurisdiction thereof, and irrevocably waive any objection to the laying of venue of any such action or proceeding in such courts.

 

19.               DISPUTE RESOLUTION: ARBITRATION AGREEMENT, [GL8] AND CLASS WAIVER.

 

(a)    Arbitration Agreement. Please read this Section carefully. Except as these Terms otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action. All disputes shall be resolved in the English language.

 

(b)    Agreement to Binding Arbitration. Before initiating arbitration, you acknowledge and agree that you will first give us a reasonable opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including all relevant information or representations related to our Services and upon which you rely. You may seek to resolve any customer concerns through our support services at support@idealnutritionnow.com. You agree to negotiate with us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 30 days after our receipt of your written dispute, you agree to the dispute resolution provisions below. By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against us in arbitration, as set forth in this Section. You and we agree that any disputes between us (including any disputes between you and any subcontractor or third-party agent of us) will be resolved through binding and final arbitration and not in a court. This requirement to arbitrate disputes between us includes any dispute, claim, or controversy arising out of or relating to: (i) any part of these Terms, including the existence, breach, termination, enforcement, interpretation, or validity of these Terms; (ii) our Services; or (iii) the design, development, license, sale, or use of artificial intelligence (“AI”), machine learning, large language model, or generative AI systems, tools, or products. Such dispute or disputes shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration. The place of arbitration shall be Palm Beach County, Florida. The arbitration shall be before one arbitrator. You and we agree that the arbitrator (“Arbitrator”)—and not any federal, state, or local court or agency—shall have exclusive authority to resolve any disputes relating to any issue concerning the extent to which any dispute is subject to arbitration, including disputes concerning the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to the Arbitrator’s own jurisdiction, including objections with respect to the existence, scope, or validity of this Arbitration Agreement or the arbitrability of any claim or counterclaim, or whether these Terms are unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, or estoppel. For the avoidance of doubt, threshold or gateway issues relating to arbitration or arbitrability of any specific claim(s) shall be delegated to and resolved by the Arbitrator, without any need to refer such matters first to a court or other tribunal. By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to resolve any disputes or claims.

 

(c)     No Class Action. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a private attorney general. Likewise, an Arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

 

(d)    Rules and Governing Law. The arbitration shall be administered by the AAA in accordance with its rules applicable to the nature of the dispute at the time the arbitration is commenced. For disputes primarily of a business/commercial nature, the AAA Commercial Arbitration Rules shall apply; for disputes involving a consumer as defined by the AAA, the AAA Consumer Arbitration Rules shall apply. The version of the applicable AAA rules in effect when the arbitration is commenced will govern, except as modified by this Arbitration Agreement. If there is any conflict between the AAA rules and this Arbitration Agreement, this Arbitration Agreement will control. Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that, to the extent there is a conflict between the FAA and state law, the FAA shall preempt all state laws to the fullest extent permitted by law. The arbitration shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions.

 

(e)    Arbitrator’s Decision. The Arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The Arbitrator may take whatever interim measures the Arbitrator deems necessary, including injunctive relief and measures for the protection or conservation of property. The Arbitrator will not be bound by rulings in prior arbitrations involving our other users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Along with the award of the Arbitrator, the Arbitrator shall issue a reasoned written opinion sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award rendered by the Arbitrator may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. The Arbitrator’s decision shall be final and binding on all parties. Judgment on any award rendered by the Arbitrator is final, binding, and conclusive on you and us and your and our respective administrators, executors, legal representatives, successors, and assigns. Unless consented to in writing by both parties, all negotiations and the existence, content, and results of arbitration proceedings related to a dispute (including a settlement, award, and the documents and briefs exchanged or produced during arbitration) are confidential and may not be disclosed by the parties except to the extent necessary for interim measures or conservatory relief, the enforcement of an arbitration award, or as required by law. Notwithstanding the foregoing, each party may share information related to negotiations and arbitration proceedings with its accounting professionals and legal counsel.

 

(f)      Venue For Claims Not Subject to Arbitration. In the event that the Arbitrator or a court determines that any particular claim or dispute that has arisen must be resolved by a court instead of through arbitration, such claim or dispute shall be resolved exclusively by a state or federal court located in Palm Beach County, Florida. Under such circumstances, you and we will submit to the personal jurisdiction of the state or federal courts located within Palm Beach County, Florida, for the purpose of litigating all such particular claims or disputes.

 

(g)    Fees. The Arbitrator may, and to the extent required by applicable law shall, award to the prevailing party, as determined by the Arbitrator, its reasonable attorneys’ fees, expert fees, arbitration fees and expenses (including the Arbitrator’s fees), and other reasonable costs of suit. Initial payment of all filing, administration, and Arbitrator fees shall be governed by the AAA and, to the extent applicable, the AAA rules, without prejudice to the Arbitrator’s authority to reallocate such amounts in the final award. In addition to any prevailing party award, the Arbitrator may award fees and costs as a sanction if the Arbitrator determines that any claim or defense was frivolous, brought for an improper purpose, or pursued in bad faith. Federal Rule of Civil Procedure 68 is incorporated by reference and shall be applied and enforced by the Arbitrator to the fullest extent permitted by law; for purposes of Rule 68 as applied in the arbitration, the term “costs” shall include reasonable attorneys’ fees to the extent recoverable under these Terms or other applicable law. For purposes of this Section, “applicable law” includes these Terms to the extent it authorizes the recovery or shifting of fees or costs.

 

(h)    Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason: (i) the unenforceable or unlawful provision shall be severed; and (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Arbitration Agreement. This Arbitration Agreement survives termination of these Terms and your relationship with us.

 

20.      FORCE MAJEURE. We will be excused from performance of our obligations for any period and the time of performance will be extended as reasonably necessary under the circumstances, to the extent that we are prevented from performing, in whole or in part, our obligations under these Terms, as a result of acts of God, natural disasters, hurricanes, tropical storms, floods, fires, earthquakes, severe weather events, war, terrorism, riots, civil disturbance, pandemic, epidemic, health crisis, government order or lockdown, any governmental or regulatory authority, court order, embargoes, trade restrictions, customs delays, labor disputes, labor shortages, workforce interruptions, supply chain disruptions, manufacturing interruptions, material shortages, utility failures, internet outages, telecommunications failures, data center failures, cybersecurity incidents, cyberattacks, ransomware attacks, denial-of-service attacks, transportation disruptions, carrier failures, Third-Party Service malfunctions (such as interruption of Third-Party Services), failures or fluctuations in electrical power, heat, light, telecommunication equipment or lines, or any other equipment or network outside of our control, or any other cause beyond our control.

 

21.      MISCELLANEOUS. You may not assign these Terms or any rights under these Terms without our prior written consent. Any purported assignment in violation of this Section is void. We may freely assign or transfer these Terms, in whole or in part, without restriction or notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. We may use affiliates, contractors, and other third parties to perform our obligations without creating any assignment or transfer of your rights. No delay or omission by us in exercising any right will constitute a waiver thereof, and no single waiver will be construed as a continuing waiver or waiver of any other provision. All rights and remedies under these Terms are cumulative and not exclusive of any other rights or remedies available at law or in equity. The headings in these Terms are for convenience only and do not affect their interpretation. If any provision is found by a court, Arbitrator, or tribunal of competent jurisdiction to be invalid or unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remaining provisions will continue in full force and effect. These Terms, together with any policies or terms incorporated by reference, constitute the entire agreement between you and us regarding the subject matter hereof and supersede all prior communications, representations, or agreements, whether oral or written. All provisions that by their nature should survive termination or expiration, including those relating to intellectual property, indemnification, limitation of liability, disclaimers, payment obligations, arbitration, and governing law, will survive. These Terms are binding upon and inure to the benefit of the parties and their respective successors and permitted assigns, and nothing in these Terms confers any rights on third parties, unless expressly stated in these Terms. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and us.

 

22.      INTERPRETATION. For purposes of these Terms: (a) the words “include”, “includes”, and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) words denoting the singular have a comparable meaning when used in the plural, and vice-versa. These Terms will be construed without regard of any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. These Terms are drafted in the English language. If these Terms are translated into any other language, the English language text will prevail.

 

23.      CONTACT INFORMATION. If you have any questions or need further information as to our Services, these Terms, or your account, please contact us at:

 

Ideal Nutrition LLC

Email: support@idealnutritionnow.com

Phone: 1-888-557-2018