TERMS & CONDITIONS
East Bay Meal Prep
East Bay Meal Prep owns and operates this website (EastBayMealPrep.com) and related subsidiary sites, mobile sites and/or selected other domains (collectively, the "Sites"). As used in this Agreement, "East Bay Meal Prep," "we," "us," or "our" shall mean East Bay Meal Prep, dba East Bay Meal Prep, its subsidiaries and affiliates, and their officers, directors, employees, agents or representatives.
This Agreement (the "Agreement") is an agreement between you and East Bay Meal Prep, dba East Bay Meal Prep, that states the terms and conditions under which you may use our Sites and receive East Bay Meal Prep service, which includes processing and delivery of product orders (the "East Bay Meal Prep Service"). Your use of the East Bay Meal Prep Service and our Sites constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use our Sites or the East Bay Meal Prep Service.
Payments. Your credit/debit card will be charged for your order the week before your order is delivered. Payments must be received before a posted order deadline for a given delivery. Delivery dates and times and any associated delivery charges will be shown as you proceed through the ordering process. East Bay Meal Prep is unable to accept checking account transactions, paper checks, food stamps, or third-party coupons.
Monthly Packages. Should you choose to purchase a monthly package, we do not automatically renew. No cancellations or refunds once purchased. You may pause/postpone for a week.
Invalid Payment Methods. East Bay Meal Prep will not process orders that attempt to use an incorrect, expired, or over-limit cards. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, East Bay Meal Prep reserves the right to collect funds for any uncollected transactions owed to it. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, East Bay Meal Prep may charge such amount directly to the credit card identified in your Customer Account Information and East Bay Meal Prep may suspend or terminate your access to the East Bay Meal Prep Service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that East Bay Meal Prep may incur in its efforts to collect any unpaid balances from you. Your right to use the East Bay Meal Prep Service is subject to limits established by East Bay Meal Prep and/or by your credit card issuer.
Refund Requests. Cancellation of an order after the order deadline is not eligible for a refund.
Locations. When you place an order, you will be asked to choose between the two options: Self-pickup or Delivery (Delivery address cannot be changed after an order is placed). Self Pickup Spot is an our commercial refrigerator at designated location: 8091 Balfour Rd, Brentwood, CA 94513. To maintain the freshness and quality of foods delivered to you, we place geographic limitations on where orders may be delivered. If your desired address for a Direct-to-You order is outside our geographic limits, you will be unable to submit an order for delivery to such address.
Delivery Changes. In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule and/or the drop-off locations. If there will be a significant delay, a customer service representative may contact you to let you know the status of your delivery time and/or location. We will deliver your order as quickly as possible when the conditions permit.
Food Safety. East Bay Meal Prep uses refrigerated transport and storage solutions to maintain the quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. We label products with a "use by" date for guidance, but there are many factors out of our control that influence freshness, and you as the consumer are the ultimate arbiter of freshness.
We've taken extraordinary measures to ensure that your data is safe. Your payment information is transmitted using the strongest available industry standard technologies and is stored using one of the most advanced encryption methods available. Your payment information is NOT accessible to our employees, contractors, agents or officers.
Our payment processor is Stripe and PayPal.
FOOD & ALLERGIES
Product images are for illustrative purposes and may differ from the actual product.
We take efforts to label the ingredients in the products offered by the East Bay Meal Prep Service for general nutritional purposes. We also offer ingredient-based meal substitution services to accommodate customers' food preferences. However, products are not prepared in allergen-free environments. The East Bay Meal Prep Service is not recommended for customers with severe food allergies.
USER CONTENT AND INTERACTIVE AREAS
We may provide interactive opportunities on our Sites, including, without limitation, user ratings and reviews, saved favorites, liked items and other features (collectively, "Interactive Areas").
You represent and warrant that you are the owner or otherwise have the right to provide any information, comments, reviews, ratings or other materials or content submitted, posted or otherwise transmitted to our Sites ("User Content"). In addition, in consideration of our Sites accepting User Content, you hereby grant to East Bay Meal Prep an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, print, display, modify, edit, remove, publicly perform, translate and create derivative works from and distribute or otherwise use and reproduce User Content on our Sites and in all forms of media now known or hereafter invented, including but not limited to such uses as on and in our Sites throughout the world in all forms of media now known or hereafter invented in perpetuity (collectively, the "Uses") and the right to, in East Bay Meal Prep's sole option and discretion, attribute such User Content to the user submitting the User Content. In consideration of submitting User Content, you consent to the Uses of the User Content without further consideration, compensation, attribution, notification or other additional consideration and to East Bay Meal Prep's disclosure of any information related to your use of our Sites in any capacity in connection with East Bay Meal Prep's display of your User Content on our Sites. You also agree to indemnify and hold East Bay Meal Prep harmless from any claim or demand, including reasonable attorneys' fees, made by any party arising out of the Uses of the User Content that you submit on our Sites. You waive any rights you may have in having the User Content edited, altered or changed in any manner not acceptable to you.
By participating in any of the aforementioned activities, all users agree to follow our Sites' standards of conduct. Our Sites reserve the right to change, delete or remove, in part or in full, any postings in Interactive Areas and to terminate or suspend access to such areas for conduct that we believe, in our sole discretion, interferes with other peoples' enjoyment of our Sites. Our Sites will also cooperate with local, state and/or federal authorities to comply with applicable law.
We do our best to encourage constructive and discourage disruptive communication. We also discourage disruptive statements that incite others to violate our standards. We encourage your participation in upholding our standards. You are responsible for all content that you post, transmit, upload or otherwise make available through our Sites. You agree not to use the Interactive Areas or our Sites to make available any content that:
- Is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Infringes any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any person;
- Contains unauthorized advertising or solicits other users; or
- Is intended by the user to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on our Sites.
LICENSE AND PROPRIETARY RIGHTS
Copyright and Ownership. All content, design, text, graphics, and interfaces on our Sites; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, East Bay Meal Prep. Consent is granted to view, electronically copy, and print in hard copy portions of our Sites for the sole purpose of placing an order with East Bay Meal Prep for your use. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of East Bay Meal Prep is strictly prohibited. You acknowledge that East Bay Meal Prep and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. East Bay Meal Prep reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from East Bay Meal Prep.
Trademarks. "East Bay Meal Prep", all East Bay Meal Prep logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of East Bay Meal Prep or otherwise proprietary to East Bay Meal Prep and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names, and company names or logos appearing in the East Bay Meal Prep Service and on our Sites are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using our Sites or the East Bay Meal Prep Service.
Your Account. You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access the East Bay Meal Prep Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and alternate receiver for your order. You can update your information in the Your Account area on our Web site or contact our Customer Service department. Please do not send credit card or other payment information via email. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to East Bay Meal Prep, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities on our Sites and with this Agreement.
Corrections. If you would like to update or correct information previously provided to us, please send an e-mail with your new information to hello@EastBayMeal.com, or you can update your account information yourself by going to Your Account on the East Bay Meal Prep Site. Please do not send credit card or other payment information via email.
ACCEPTABLE USE POLICY
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the East Bay Meal Prep Service, which includes, without limitation, use of the East Bay Meal Prep Service to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on the East Bay Meal Prep Service or any other computer network; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by East Bay Meal Prep to be in conflict with the letter or intent of this Agreement.
WARRANTY DISCLAIMER; LIMITATION OF LIABILITY; INDEMNIFICATION
YOU EXPRESSLY AGREE THAT USE OF THE East Bay Meal Prep SERVICE, OUR SITES, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE East Bay Meal Prep SERVICE, OUR SITES, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, East Bay Meal Prep DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE East Bay Meal Prep SERVICE, OUR SITES, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE East Bay Meal Prep SERVICE; East Bay Meal Prep DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. East Bay Meal Prep MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH OUR SITES OR THE East Bay Meal Prep SERVICES. East Bay Meal Prep DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT OUR SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER East Bay Meal Prep NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "East Bay Meal Prep PARTIES") SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, OUR SITES, THE East Bay Meal Prep SERVICE, East Bay Meal Prep PRODUCTS, OR THE INTERNET. East Bay Meal Prep’S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE East Bay Meal Prep SERVICE AND TO TERMINATE THIS AGREEMENT. East Bay Meal Prep RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The material in our Sites is provided for lawful purposes only. East Bay Meal Prep operates our Sites for use in specific jurisdictions where it provides its Services, and makes no representation that these materials are appropriate or available for use in other locations. If you use our Sites from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.
You agree to defend, indemnify, and hold East Bay Meal Prep Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.