Terms of Service (“Terms”)
Last updated: March 31st, 2020

Welcome to 196Eats.com!

THESE TERMS OF SERVICE REQUIRE 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.

These Terms of Service (“Terms, “Conditions”, “Terms of Service”, “ Agreement”) govern your use of www.196Eats.com. By using the service and placing an order you acknowledge that you have read, understood and agree to be legally bound by these terms and have read and understand our Privacy Policy.

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using www.196Eats.com (the “Website”, the “Service”) operated by 196 & Co. LLC, a Delaware LLC (“196”, the Company”, “us”, “we”, or “our”).
Your use of our website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

Please read these Terms of Service carefully before you start to use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Important Health Information

People with certain conditions MUST HAVE physician approval prior to starting any 196Eats Plan; these include, but are not limited to people who: (a) are pregnant, (b) have anorexia or bulimia, (c) have chronic kidney disease, (d) children under 17 years old, or (e) nursing mothers. People with these or any other serious health conditions must seek physician approval before starting any 196Eats Plan.

Please consult your physician before beginning any 196Eats Plan, or any other weight loss program, as changing your diet or exercise, or losing weight, may affect some medical conditions and medications. Your physician may need to adjust your medications due to changes in your diet, exercise, or weight while on this program.

It is important to be aware of certain risks that have been associated with weight loss. Any weight loss program may cause constipation, muscle cramps, dehydration, diarrhea, dizziness, dry or cold skin, fatigue, gallbladder inflammation or gallstones, gout, hair loss, headaches, heart palpitations, loss of lean body mass, irregular or stopping of menstruation, reduced tolerance to cold, as well as other possible side effects. Please be sure to eat all of the food that is recommended by your Physician.

Weight Loss and Health Claims

196Eats PLANS ARE NOT MEDICALLY SUPERVISED PROGRAMS. IF YOU HAVE ANY MEDICAL CONDITIONS, WE RECOMMEND AND IN SOME CASES REQUIRE YOU TO SEEK PHYSICIAN APPROVAL PRIOR TO STARTING A PROGRAM.

Nutrition Information
Please note that nutritional information on our site reflects recent updates to meals based on evolving ingredients. The nutritional information for meals at the time of their preparation is reflected on the labels on our meal containers.

Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. 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 refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or any other reason.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites, including our Website and other web sites operated by third parties. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You may access our service outside the USA, and the Washington DC Area but we only service and deliver within a defined number of Zip Codes in the Washington, DC DMV area.

You are responsible for safeguarding the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by 196 & Co., LLC.
We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Subscription Plans

By entering into these Terms, you acknowledge that the Subscription Plans you select has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your membership or subscription by you or 196Eats. We may also periodically authorize your payment method in anticipation of applicable fees or related charges. Memberships and subscriptions continue until cancelled by you or if the particular Subscription Program is cancelled by us or if we terminate access to or use of the
Services in accordance with these Terms.

Subscription Plans Fees

If you sign up for our Subscription Plans, you will pay a recurring monthly or annual membership fee (“Membership Fee”), as applicable. The Membership Fee (plus any applicable taxes, delivery fees and other charges) will be charged to your payment method at the beginning of the paying portion of your membership and each month or year thereafter at the then current rate depending on the type of Subscription Program you have selected. We automatically charge your payment method each month or year, as applicable, on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we may charge your payment method on a day in the applicable month or such other day as we deem appropriate. If you wish to cancel your membership in the Subscription Program, you can email us at help@196Eats.com and follow website’s instructions, or instructions we provide to you in response to your cancellation request. Without limiting any other terms of these Terms, you may cancel your membership of the Subscription Plan at any time. If you cancel, you can continue to enjoy the benefits of the Subscription Plan through the end of your billing period.

Cancellation of a Subscription Plan

To cancel your enrollment in a Subscription Plan you can either email us at help@196Eats.com or follow website instructions, or any instructions we provide to you in response to your cancellation request. AS STATED ABOVE, ALL SALES ARE FINAL. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE MEMBERSHIP FEES PAID FOR THE THEN CURRENT MEMBERSHIP PERIOD INCURRED PRIOR TO THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees incurred before the effective date of your cancellation.

Free Trials
We may offer free trials of Subscription Programs for a specified period time. If we offer you a free trial, the specific terms of your free trial will be provided at registration and/or in the promotional materials describing the trial. Free trials may not be combined with any other offer. Except as may otherwise be provided in the specific terms for the free trial offer, free trial memberships or subscriptions are only available to users who have not previously participated in the Subscription Program in connection with which the trial is being offered. Unless you cancel your membership or subscription prior to the end of your trial, we (or our third party payment processor) will begin charging your payment method on a recurring basis for the applicable fee (plus any applicable taxes, delivery fees and other charges) at the frequency you have chosen until you cancel your membership or subscription. Instructions for cancellations are stated above under the Section titled “Cancellation of a Subscription Program”. You will not receive a notice from us that your free trial has ended or that the paid portion of the applicable membership or subscription has begun. We reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.

Intellectual Property
The Service and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. • For any desktop, mobile or other applications, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:
• Modify copies of any materials from this site.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service in breach of these Terms, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Trademarks
The Company name, our trademarks, trade dress, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Service are the trademarks of their respective owners.

Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification
You agree to defend, indemnify and hold harmless 196Eats.com, 196 & Co, LLC, its affiliates, and its licensee and licensors, and their employees, contractors, agents, officers and directors, licensors suppliers, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

IN NO EVENT SHALL THE COMPANY, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER OR NOT OTHERWISE FORSEEABLE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Disclaimer

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT.

YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RESPONSIBILITIES AND RISKS RELATED TO, THE SAFE HANDLING, PREPARATION, REHEATING, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE MAY STORE, PORTION AND PACKAGE PRODUCTS CONTAINING ALLERGENS SUCH AS MILK AND DAIRY PRODUCTS, SOY, EGGS, SOY, SEAFOOD, PORK, BEEF, GOAT, LAMB, SHELLFISH, ALL SPECIES OF NUTS, INTERNATIONAL SPICES AND NON EDIBLE PACKAGING MATERIAL SUCH AS LATEX OR PLASTIC FROM OUR DISPOSABLE GLOVES, COTTON, PLASTIC, PAPER AND COMPOSTABLE MATERIAL ETC… AND THAT WE DO NOT GUARANTEE THAT THERE WILL BE NO PRODUCT EDIBLE OR NON-EDIBLE CROSS-CONTAMINATION.

YOU ARE SOLELY RESPONSIBLE OF ANY FOOD ALLERGIES YOU HAVE AND ARE SOLELY RESPONSIBLE OF VERIFYING THE MEALS, PACKAGES AND ALL CONTENTS BEFORE HANDLING, PREPARING, REHEATING, STORING, COOKING, USING AND/OR CONSUMING SUCH PRODUCTS.

WE MAKE EVERY REASONABLE EFFORT TO LIST AND CLEARLY DISPLAY THE INGREDIENTS, INTRANTS, PACKAGING MATERIALS, AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR IN CONDUCTING OUR BUSINESS ONLINE AND OFFLINE, PREPARING, PROCESSING, DELIVERING AND FULFILLING AN ORDER OR ELSE, WE RESERVE THE RIGHT TO CORRECT, REVISE, CANCEL, REFUND YOUR ORDER OR ISSUE A CREDIT.

YOU AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON OUR WEBSITE AND OTHER COMMUNICATION AND MARKETING PLATFORMS.

ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 196Eats and 196 & Co., LLC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITHOUT LIMITATION.

Governing Law
These Terms shall be governed and construed in accordance with the laws of District Of Columbia, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms 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 the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms 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 will continue in full force and effect.

Entire Agreement

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and 196 & Co, LLC with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.

Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days prior notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us
If you have any questions about these Terms, please contact us at help@196Eats.com or (202) 813-6310.