Welcome to PREPable LLC’s website (“Site”). By using this Site or placing an order, you accept and agree to be bound by these Terms & Conditions, including the Privacy and Shipping Policies incorporated herein (collectively “Terms”). As used in these Terms, “PREPable”, “us”, or “we” refers to PREPable LLC. Use of the Site is only available to users who reside in the United States, or its possessions and territories. PREPable makes no claims that the Site or any of its content is accessible from outside the United States. Should you access our Site outside of the United States, you do so on your own initiative and are responsible for compliance with local laws.
ONLINE ORDERING
If you place an order through the Site, you are responsible for ensuring that your order is correct and you have designated the proper address for delivery. You may only place orders if you are at least 18 years old.
CANCELLATIONS + RETURNS
Satisfaction Guarantee. If you’re not satisfied with one of our products or our service – for any reason – we will gladly provide a refund. Email us at [email protected]. Other Refund Requests. Cancellation of an order after the order deadline (for any reason other than dissatisfaction with our product) is not eligible for a refund. Where possible, we will refund your money using the same method you originally used to pay for your purchase.
SHIPPING POLICY
Please see our detailed Shipping Policy which is incorporated into these Terms.
OUT-OF-STOCK ITEMS
If you order an item that is not in stock, we will attempt to contact you to provide you with an opportunity to designate a replacement item. If a replacement item is not designated, the original item will be removed from your order and you will not be charged for it. If none of the items in your order are available, we will attempt to contact you to let you know that your order is being cancelled.
WEIGHT LOSS + HEALTH CLAIMS
PREPable provides information regarding its products for informational purposes only. Any weight loss and health results mentioned on the Site or other promotional material, whether by PREPable or others, are not guaranteed. Your results may vary considerably from those described through the Site. You expressly acknowledge that PREPable does not make any express or implied claims or guarantees that you will achieve or maintain any specific results through your use of PREPable products and services. You should seek the advice of a physician or dietary consultant before starting any dietary program to ensure it is suitable for your specific dietary needs. PREPable does not suggest or represent that any of our programs have been approved for your individual use by a physician or other medical professional. In addition, PREPable does not guarantee the accuracy, completeness, or usefulness of any nutritional information of any meal or adopt, endorse, or accept responsibility for the accuracy, completeness or usefulness of any nutritional information regarding any meal.
TRADEMARKS
PREPable and the PREPable logos and other related marks, design marks, product names, feature names and related logos used in the Site (whether registered or not) are trademarks of PREPable and may not be used, copied, or imitated, in whole or in part, without the express prior written permission of PREPable. PREPable trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages PREPable or suggests a sponsorship, affiliation or endorsement by PREPable. All other trademarks, service marks, logos, slogans, domain names and trade names, if any, are the properties of their respective owners.
OTHER INTELLECTUAL PROPERTY RIGHTS
All content included on the Site, such as recipes, meal planners, guides, blogs, shopping lists, text, graphics, logos, images, button icons, audio clips, video, photographs, data, music, software, and other material (collectively “Content”) is owned or licensed property of PREPable or its licensors and is protected by copyright, trademark, patent, trade secret or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and PREPable owns a copyright in the selection, coordination, arrangement and enhancement thereof.
MODIFICATION AND TERMINATION
From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. PREPable may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that PREPable will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.
PRIVACY POLICY
Please see our detailed Privacy Policy which is incorporated into these Terms.
THIRD PARTY LINKS
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. PREPable 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 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 PREPable, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of PREPable. PREPable is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
DISCLAIMERS OF WARRANTIES
The Site and the content herein are provided on an “as is” and “as available” basis.
TO THE FULLEST EXTENT PERMITTED BY LAW, PREPABLE, 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.
PREPable makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. PREPable cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. PREPable cannot and does not guarantee or warrant that files available for downloading from these Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. PREPable cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. PREPable does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.
LIMITATION OF LIABILITY
PREPABLE ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH PREPABLE IS TO DISCONTINUE YOUR USE OF THE SITE. PREPABLE AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTHRELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF PREPABLE 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, PREPABLE AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
APPLICABLE LAW; VENUE
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law rules. Any dispute arising from your use of the Site or your ordering of our goods/services, shall be brought in the state or federal courts for Orange County, California and the parties hereby consent to the personal jurisdiction and exclusive venue of these courts.
BINDING ARBITRATION
You and PREPable agree that any controversy or claim arising out of or relating to the Site, use of the Site, these Terms, Shipping Policy and/or the Privacy Policy shall be settled by binding arbitration in Orange County, California, or at such other reasonable location as may be mutually agreed upon by both PREPable and you, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. You and PREPable shall equally split the costs for professional fees for the arbitrator’s services or any other JAMS fees. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither you nor PREPable shall be entitled to arbitrate their dispute.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
The prevailing party shall be entitled to recover their reasonable attorneys’ fees and costs.
MISCELLANEOUS
These Terms, including policies and information linked from or incorporated herein, constitute the entire agreement between you and PREPable with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
CONTACT US
If you have any concerns about PREPable or your use of the Site, please email us at [email protected] with a detailed description or if you would like to speak with a human, feel free to call us at (949) 610-0869, and we will try to resolve it.