www.factor75.com Open in urlscan Pro
172.64.145.146  Public Scan

Form analysis
0 forms found in the DOM

Text Content

Weekly Menu
Our Plans
FAQs
Gift Cards
Factor for Teams
Nutrition Coaching

Login


Log inSign upLog in
Weekly Menu

Our Plans
FAQsContact usGift CardsFactor for TeamsNutrition Coaching


TERMS AND CONDITIONS


TERMS AND CONDITIONS

Effective as of 11/27/2023

Terms and Conditions of Factor75, LLC Welcome and thank you for visiting
factor75.com (“Site”) or our mobile applications (“App”) and our Terms and
Conditions (“Terms”). We’re excited to change the way you eat for the better.
These Terms are important and affect your legal rights, so please read them
carefully. By visiting or using our Site, our products, our App, or the features
we make available as part of our platform, you agree to be bound by these Terms
and all of the terms incorporated herein by reference including our Privacy
Policy. If you do not agree to these Terms, you may not access or use our Site,
order, receive, or use our products.

PLEASE REVIEW THE TERMS CAREFULLY, PARTICULARLY SECTION 5.2 DETAILING THE
AUTO-RENEWAL SUBSCRIPTION LANGUAGE, SECTION 21.1 RELATED TO ALLERGENS, AND
SECTION 24 RELATED TO BINDING ARBITRATION.

FACTOR75, LLC D/B/A FACTOR (“FACTOR”, “WE,” “OUR,” “US” OR “COMPANY”) OPERATES
THIS SITE AND THE FACTOR APP. BY CLICKING ON THE “PLACE ORDER” BUTTON,
COMPLETING THE REGISTRATION PROCESS, OR ACCESSING OR USING SITE OR APP, YOU
REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE
TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY AND (3)
YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF
COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THESE TERMS. THE
TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY AS APPLICABLE, IDENTIFIED AS
THE USER WHEN YOU REGISTERED ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY
THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE, THE APP, OR THE OFFERINGS (AS
DEFINED BELOW).

IF YOU SUBSCRIBE TO THE SERVICE (AS DEFINED IN SECTION 5 BELOW) FOR A TERM, THEN
THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME
DURATION AS THE INITIAL TERM AT FACTOR’S CURRENT FEE FOR SUCH SERVICES UNLESS
YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTIONS 5.2 AND 10.3
BELOW. PLEASE BE AWARE THAT SECTION 24 OF THIS AGREEMENT, BELOW, CONTAINS
PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE
RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE
ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT
CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE
DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU
OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE
DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING;
AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF
IN A COURT OF LAW AND YOUR RIGHT TO HAVE A JURY TRIAL. ANY DISPUTE, CLAIM OR
REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED
AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK CONSISTENT WITH
THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT
PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED
NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY
EXCLUDED FROM THIS AGREEMENT.

Please note that the Site, App, the good or service offered through the Site
and/or App, including, but not limited to, the Subscription Service (as defined
in Section 5.1) (“Products”), the text, audio, video, graphics, or other content
featured on the Site or App (“Content”); the Factor gift cards or gift
certificates (including, for purposes of these Terms, electronic versions of
both) (“Gift Cards”) and the trial offers, sweepstakes, contests, or promotions
(“Vouchers,” as defined in Section 9). ”); for purposes of these Terms, are
considered to be the “Offerings.” Your use of, and participation in, certain
Offerings may be subject to additional terms (“Supplemental Terms”) and such
Supplemental Terms will either be listed in the Terms or will be presented to
you for your acceptance when you sign up to use the supplemental Offering.
Supplemental Terms include Factor’s Privacy Policy (“Privacy Policy”), Factor’s
Gift Card Terms (“Gift Card Terms”), the rules applicable to the Vouchers
(“Promotion Rules”) and all other applicable Factor operating rules, policies,
and other terms and conditions or documents that may be published on the Site
and/or in the App, or which you may be otherwise notified of in writing. If the
Terms are inconsistent with the Supplemental Terms, these Terms shall control.
The Terms and any applicable Supplemental Terms are referred to herein as the
“Agreement.” AS FURTHER EXPLAINED IN SECTION 3, PLEASE NOTE THAT THE AGREEMENT
IS SUBJECT TO CHANGE BY FACTOR IN ITS SOLE DISCRETION AT ANY TIME. When changes
are made, Factor will make a new copy of the Terms available at the Site and
within the App and any new Supplemental Terms will be made available from
within, or through, the Site or within the App. We will also update the
“Effective Date” at the top of the Terms. If you do not agree to any change(s)
you shall stop using the Site, the App and/or the Offerings. Otherwise, your
continued use of the Site, the App and/or Offerings constitutes your acceptance
of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT
TERMS.

You should print a copy of these terms and conditions for future reference.

1. INFORMATION ABOUT US Factor75, LLC is a general corporation incorporated in
the State of Delaware with general corporate offices at: 2302 W Indian Trail,
Aurora, IL 60506.

2. SERVICE AVAILABILITY AND YOUR STATUS The Site, the App, and Offerings, are
intended for use by individuals in the contiguous United States of America,
excluding Alaska, Hawaii, Puerto Rico, and other U.S. Territories ("Serviced
States"). At this time, we do not accept orders from individuals outside the
Serviced States. As such, by placing an order through our Site or App, you
represent and warrant that you: (1) Are legally capable of entering into this
Agreement; (2) Are at least 18 years old; (3) Are a resident of a Serviced
State; and (4) Are accessing the Site or App from a Serviced State.

3. MODIFICATION In our sole discretion, Factor shall have the right to change,
amend, add to, remove, or supplement the Agreement (including the Privacy
Policy), without notice to you; provided, however, that changes to the
procedures applicable to the resolution of disputes shall only apply to disputes
which arise after the modified or additional provision is published on the Site
or App.

4. REGISTRATION
4.1
Registering Your Account. To utilize specific features on the Site and App,
individuals will need to become a Registered User. For purposes of the
Agreement, a “Registered User” is a user who has registered an account on the
Site (“Account”) or has a valid account on the social networking service (“SNS”)
through which the user has connected to the Site (each such account, a
“Third-Party Account”).

4.2 Access Through a SNS. If you access the Site or App through a SNS as part of
the functionality of the Site and/or App, you may link your Account with
Third-Party Accounts, by allowing Factor to access your Third-Party Account, as
is permitted under the applicable terms and conditions that govern your use of
each Third-Party Account. You represent that you are entitled to disclose your
Third-Party Account login information to Factor and/or grant Factor access to
your Third-Party Account (including, but not limited to, for use for the
purposes described herein) without breach by you of any of the terms and
conditions that govern your use of the applicable Third-Party Account and
without obligating Factor to pay any fees or making Factor subject to any usage
limitations imposed by such third-party service providers. By granting Factor
access to any Third-Party Accounts, you understand that Factor may access, make
available and store (if applicable) any information, data, text, software,
music, sound, photographs, graphics, video, messages, tags and/or other
materials accessible through the Site or App that you have provided to and
stored in your Third-Party Account (“SNS Content”) so that it is available on
and through the Site or App via your Account. Unless otherwise specified in the
Agreement, all SNS Content shall be considered to be User Content (as defined in
Section 19) for all purposes of the Agreement. Depending on the Third-Party
Accounts, you choose and subject to the privacy settings that you have set in
such Third-Party Accounts, personally identifiable information that you post to
your Third-Party Accounts may be available on and through your Account on the
Site and/or App. Please note that if a Third-Party Account or associated service
becomes unavailable or Factor’s access to such Third-Party Account is terminated
by the third-party service provider, then SNS Content will no longer be
available on and through the Site and/or App. You have the ability to disable
the connection between your Account and your Third-Party Accounts at any time by
accessing the “Settings” section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP
WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS
IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS,
AND FACTOR DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT
MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE
PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Factor makes no
effort to review any SNS Content for any purpose, including but not limited to,
for accuracy, legality or non-infringement, and Factor is not responsible for
any SNS Content.

4.3 Registration Data. Should you create an account with Factor, you agree to:
(1) provide true, accurate, complete and up-to-date information, as well as
updating the information as necessary; (2) maintain the security of your
password and accept the risks associated with access to your account which is
not authorized by you; (3) notify us as soon as possible either at
help@factor75.com or call 1-(888) 573-5727 if you believe there have been any
breaches to the security of the Site, the App, or your account information; and
(4) exit from your Account at the end of each session. You represent that you
are (A) at least eighteen (18) years old; (B) of legal age to form a binding
contract; and (C) not a person barred from using the Site or App under the laws
of the United States, your place of residence or any other applicable
jurisdiction. You are responsible for all activities that occur under your
Account. You agree that you shall monitor your Account to restrict use by
minors, and you will accept full responsibility for any unauthorized use of the
Site and App by minors. You may not share your Account or password with anyone
If you provide any information that is untrue, inaccurate, not current or
incomplete, or Factor has reasonable grounds to suspect that any information you
provide is untrue, inaccurate, not current or incomplete, Factor has the right
to suspend or terminate your Account and refuse any and all current or future
use of Site, App, or Offerings (or any portion thereof). You agree not to create
an Account using a false identity or information, or on behalf of someone other
than yourself. You agree that you shall not have more than one Account per
platform or SNS at any given time. Factor reserves the right to remove or
reclaim any usernames at any time and for any reason. You agree not to create an
Account or use the Site or App if you have been previously removed by Factor, or
if you have been previously banned from the Site or App. You acknowledge and
agree that you shall have no ownership or other property interest in your
Account, and you further acknowledge and agree that all rights in and to your
Account are and shall forever be owned by and inure to the benefit of Factor.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY
ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT
IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS
AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL
OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

4.4 Communication. By providing your phone number to Factor through the Site,
App, or in connection with your order, receipt or use of our Products, you
consent to receive calls or text messages, including calls or text messages sent
through automatic telephone dialing systems and pre-recorded calls at any
telephone number that you have provided us, in order for us to: (i) notify you
about your account; (ii) provide you updates on the status of your order and/or
delivery; (iii) collect an outstanding payment or debt; (iv) contact you about
exclusive offers and for any other marketing or promotional purposes; and (v)
send you cart reminders. If you elect to receive text messages or phone calls
from us, either via our Site, App, or by sending a text message to us indicating
your consent, you are providing your prior express written consent to receive
recurring marketing or promotional telephone calls and/or SMS text messages from
us (each, a “Call” or “Text Message”), including your consent to marketing
messages and calls sent through an automatic telephone dialing system. This
service is optional and is not a condition of purchase. Message frequency
varies. You can opt out of receiving further Text Messages or Calls at any time.
To opt out of Text Messages from us, reply “STOP” at any time to any Text
Message you receive from us. For help, reply “HELP” to any Text Message you
receive from us or contact customer care here. Standard message and data rates
may apply. Please contact your mobile phone carrier for details. Under no
circumstances will we or our affiliates be responsible for any SMS messaging or
wireless charges incurred by you or by a person that has access to your wireless
device or telephone number. Text Message services are provided on an “as is”
basis. Data obtained from you in connection with any Text Message services may
include your mobile number, your mobile provider’s name and the date, time, and
content of your Text Messages. We may use this information in accordance with
our Privacy Policy to contact you. If you change or deactivate a phone number
you have provided Factor, you have an affirmative obligation to update your
account information and the phone number(s) associated with your account to
prevent us from inadvertently communicating with the individuals who acquire any
phone number(s) previously linked to your account. Any new or updated phone
number you provide Factor may receive our standard marketing Text Messages
unless you also unsubscribe through the procedures provided in this section.
Following such opt-out, you may continue to receive calls or messages for a
short period of time while we process your request. It is your responsibility to
keep your account information, including your phone number, updated. We may
share your telephone number with our service providers (such as billing or
collections companies) that we have contracted to assist us in pursuing our
rights. You agree that these service providers may also contact you using
autodialed or prerecorded calls and text messages, only as authorized by us to
carry out the purposes identified above. We may, with notice as required by law,
monitor, or record your communications with Factor for training and quality
assurance purposes.

Our supported carriers include but are not limited to: AT&T,
Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless, C Spire Wireless,
Carolina West Wireless (CWW), CellCom USA, Google Voice, U.S. Cellular
ACS/Alaska, Advantage Cellular (DTC Wireless), Aio Wireless/Cricket, Appalachian
Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass
Cellular, Buffalo Wireless, CableVision, Cellular Network Partnership (PIONEER),
Cellular One of East Central Illinois, Chariton Valley Cellular, Chat Mobility
USA, ClearTalk(Flat Wireless), Copper Valley, Coral Wireless (Mobi PCS), Cross
Telephone Company (MBO Wireless), Duet IP (Maximum Communications New Core
Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI
Communications Corp, Golden State Cellular, i Wireless (IOWA Wireless), Illinois
Valley Cellular (IV Cellular), Immix(Keystone Wireless), Inland Cellular
Telephone Company, Leaco, Mosaic (Consolidated or CTC Telecom), MTA
Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Northwest
Missouri Cellular Limited, Panhandle Telecommunications Systems(PTCI), Peoples
Wireless, Pine Belt Wireless, Pine Cellular, Revol Wireless USA, RINA, Sagebrush
Cellular (Nemont), SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Texas
RSA 3 Ltd(Plateau Wireless), Thumb Cellular, Union Telephone Company(Union
Wireless), United Wireless, Viaero Wireless, West Central Wireless (5 Star
Wireless). T-Mobile. Please note that our supported carrier is not liable for
delayed or undelivered messages.

5. FACTOR'S SERVICES
5.1
Factor’s Subscription Service. Our subscription service is an automatic,
recurring weekly subscription to Factor Products (“Subscription Service” or
“Service”). As part of the Service, we offer a number of subscription options
that you may choose from (“Plan”). Each week you will receive a package from
Factor (your “Meal Box”), including the contents of your chosen Plan (a specific
number and type of “Meals”). You can find specific details regarding your Plan
and the Factor Service by accessing your Account details via the Site or the
App.

5.2 Auto-Renewal Feature. THE SUBSCRIPTION SERVICE CONSISTS OF AN INITIAL CHARGE
FOLLOWED BY RECURRING PERIODIC CHARGES AS AGREED TO BY YOU. BY ENTERING INTO
THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND
RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING
CHARGES PRIOR TO DEACTIVATION. FACTOR MAY SUBMIT PERIODIC CHARGES (E.G., WEEKLY)
WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE ADVANCE NOTICE (IN
COMPLIANCE WITH THE DEACTIVATION PROCEDURES IN SECTION 10.3) THAT YOU WISH TO
TERMINATE THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE
WILL NOT AFFECT CHARGES SUBMITTED BEFORE FACTOR REASONABLY COULD ACT. TO
TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, LOG ON TO YOUR
FACTOR ACCOUNT, EMAIL HELP@FACTOR75.COM CALL (888) 573-5727, OR WHERE REQUIRED,
LOG ONTO YOUR FACTOR ACCOUNT. IF YOUR PAYMENT DETAILS CHANGE, YOUR CARD PROVIDER
MAY PROVIDE US WITH THE UPDATED PAYMENT DETAILS. WE RESERVE THE RIGHT TO USE
THESE UPDATED DETAILS FOR FUTURE CHARGES IN ORDER TO HELP PREVENT ANY
INTERRUPTION TO THE DELIVERY OF SERVICE.

ADDITIONALLY, BY SIGNING UP FOR OUR SUBSCRIPTION SERVICE YOU ARE AGREEING TO
RECURRING PERIODIC PAYMENTS FOR AN INDEFINITE TIME UNTIL DEACTIVATED BY YOU OR
US, ON THE SUBSCRIPTION TERMS SET OUT IN THE APPLICATION FORM YOU HAVE
COMPLETED, SUBJECT TO VARIATION IN ACCORDANCE WITH THIS SECTION. YOU CAN
DEACTIVATE YOUR SUBSCRIPTION AT ANY TIME, PROVIDED THAT YOU DO SO WITHIN THE
APPLICABLE DEACTIVATION NOTICE PERIOD, AS DEFINED IN SECTION 10.3. YOU WILL NOT
BE CHARGED FOR ANY DEACTIVATION. YOU CAN RE-SUBSCRIBE AT ANY TIME FOLLOWING YOUR
DEACTIVATION, BUT WE RESERVE THE RIGHT NOT TO PERMIT RE-SUBSCRIPTION WHERE WE
HAVE PREVIOUSLY ELECTED TO TERMINATE A SUBSCRIPTION BY YOU.

FURTHERMORE, YOUR SUBSCRIPTION WILL CONTINUE INDEFINITELY UNTIL TERMINATED IN
ACCORDANCE WITH THE AGREEMENT. FOLLOWING YOUR INITIAL SUBSCRIPTION PERIOD, AND
AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL
AUTOMATICALLY COMMENCE ON THE FIRST DAY FOLLOWING THE END OF SUCH PERIOD AND
CONTINUE FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME LENGTH, AT THE THEN-CURRENT,
NON-PROMOTIONAL SUBSCRIPTION RATE. YOU AGREE THAT YOUR ACCOUNT WILL BE SUBJECT
TO THIS AUTOMATIC RENEWAL FEATURE UNLESS YOU DEACTIVATE YOUR SUBSCRIPTION. TO
DEACTIVATE YOUR SUBSCRIPTION, EMAIL HELP@FACTOR75.COM, CALL (888) 573-5727 OR,
WHERE REQUIRED, LOG ONTO YOUR FACTOR ACCOUNT. ADDITIONAL DETAILS FOR
DEACTIVATION PROCEDURES ARE IN SECTION 10.3 OF THIS AGREEMENT. IF YOU
DEACTIVATE, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT
SUBSCRIPTION TERM; YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT
TERM EXPIRES. YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF
THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. BY
SUBSCRIBING TO THE SERVICE, YOU AUTHORIZE FACTOR TO CHARGE YOUR PAYMENT PROVIDER
NOW, AND AGAIN AT THE BEGINNING OF ANY SUBSEQUENT SUBSCRIPTION PERIOD. UPON
RENEWAL OF YOUR SUBSCRIPTION, IF FACTOR DOES NOT RECEIVE PAYMENT FROM YOUR
PAYMENT PROVIDER, (A) YOU AGREE TO PAY ALL AMOUNTS DUE ON YOUR ACCOUNT UPON
DEMAND AND (B) YOU AGREE THAT FACTOR MAY EITHER TERMINATE OR SUSPEND YOUR
SUBSCRIPTION AND CONTINUE TO ATTEMPT TO CHARGE YOUR PAYMENT PROVIDER UNTIL
PAYMENT IS RECEIVED (UPON RECEIPT OF PAYMENT, YOUR ACCOUNT WILL BE ACTIVATED AND
FOR PURPOSES OF AUTOMATIC RENEWAL, YOUR NEW SUBSCRIPTION COMMITMENT PERIOD WILL
BEGIN AS OF THE DAY PAYMENT WAS RECEIVED).

6. PAYMENT AND PRICING 6.1 Pricing Adjustments. We reserve the right to adjust
prices in our sole discretion, at any time and without notice to you; provided,
however, that we will provide you with at least ten (10) days’ advance notice of
any price changes with your specific Plan rate. Your acceptance of deliveries of
the Products after such notice has been delivered to you will constitute your
acceptance of such price changes unless you cancel your subscription to the
Service in accordance with these Terms. All prices shown on the Site and/or in
the App are in U.S. dollars. Any applicable taxes and other fees or charges are
not included and are additional to any prices shown on the Site and/or in the
App. Prices, taxes or other fees may vary geographically. The shipment of meals
to you after our delivery of such notice will confirm your acceptance of such
changes, unless you cancel your subscription in accordance with the Term’s
Deactivation policies, found in Section 10.3.

6.2 Plan Add-Ons. Different features and other customized options may become
available in addition to your plan, including, but not limited to, premium
options, new product add-ons, and modified shipping options. These may change
the price of your plan on a recurring basis. Should you have any questions about
any of the options available under your plan, please visit www.factor75.com,
email help@factor75.com or call (888) 573-5727.

6.3 Payment. You agree to pay for all orders made from your Account in
accordance with the prices and billing terms in effect at the time an order is
made from your Account. You also agree to pay all applicable taxes. To make an
order from an Account, you must provide valid payment information (e.g., credit
card, debit card, and/or a Gift Card) through the Site or App. By placing an
order through your Account, you also agree and authorize (1) the payment
method(s) you provide to be immediately charged for all fees and taxes
applicable to your order, (2) Factor to automatically charge alternative payment
methods associated with your account if a primary payment method is declined or
no longer available, (3) Factor to share payment information and instructions
required to complete the payment transactions between Factor, our payment
processors, and their third-party payment service providers (e.g., credit card
transaction processing, merchant settlement, and related services), and (4) no
additional notice or consent is required for the foregoing authorizations. You
agree to immediately update your Account in the event of any change in your
payment information. Factor reserves the right at any time to change its billing
methods. If a payment method cannot be verified, is invalid or is otherwise not
acceptable, your order may be suspended or canceled. If a payment is not
successfully paid and you do not edit your payment method or cancel your
purchase of a Product, you remain responsible for any uncollected amounts and
authorize us to continue billing the payment method, as it may be updated.
Factor reserves the right to collect any outstanding payment due and may
transfer the collection of your outstanding balance to a third-party collection
agency.

7. REPLACEMENT MEALS IN MEAL BOXES AND PROMOTIONAL INCLUSIONS Given the
perishable nature of many of our ingredients, and market conditions and product
supply beyond our control, we reserve the right to adjust the presence and/or
quantity of any meals, to discontinue the use of any meals, or to substitute any
meals, all without notice. While we make every effort to ensure that you are
provided with the very best meals for our Product, these switches may
occasionally be required. If such a substitution is required, we will make
reasonable efforts to notify you prior to shipment. If you have any issues with
any substitution, or either a Meal or a Product, please contact us at
help@factor75.com or call (888) 573-5727. Additionally, please note that, on
occasion, Factor will include products from our partners in our Meal Boxes which
may contain some or all of the 8 major allergens (in addition to other
ingredients). Please refer to Section 21.1 to review our allergen policy.
Additionally, if you have any questions or concerns about any additional
products or materials in your Meal Box, please contact Customer Care at
help@factor75.com or call (888) 573-5727.

8. GIFT CARDS You may purchase and/or otherwise receive Gift Cards through the
Site and/or App. You must create or have an existing and valid Account with
Factor in order to redeem a Gift Card. All Accounts are subject to the Terms in
all respects. Factor Gift Cards may be redeemed on the Site or on the App.
Redemption of Gift Cards will result in the application of a credit to your
account in the amount of the Gift Card balance. Any Gift Card balance will be
applied toward your purchase of Offerings until the Gift Card is depleted. Gift
Cards are not redeemable for cash or credit. Notwithstanding the foregoing, Gift
cards with balances of under $10.00 are redeemable for cash in the States of
California, Texas, Massachusetts, and Colorado. To make a request to redeem a
gift card with a balance of under $10.00 in any of California, Texas,
Massachusetts, or Colorado, please visit email help@factor75.com. Factor is not
responsible for lost or stolen Gift Cards. Lost or stolen Gift Cards cannot be
replaced (except as required by law). All sales of Gift Cards are final and
nonrefundable. Factor reserves the right to refuse to honor a Gift Card where
Factor suspects that the Gift Card was obtained fraudulently. If you suspect
someone has copied or stolen your Gift Card, email help@factor75.com
immediately.

9. VOUCHERS Factor may offer discount promotions, free/discounted trials, or
other types of vouchers (“Vouchers”). To use the offer on the Voucher, users
need to create an Account through the Site or App and input their information
and the code found on the Voucher to redeem. If you purchase any Voucher,
Voucher is deemed to have been sold at the time of payment for it. The discount
found on the Voucher only lasts for the first week of your subscription plan
unless it specifically states otherwise on the Voucher or when you sign-up.
Similarly, a Voucher may only be used once and may not be copied, reproduced,
distributed, or published either directly or indirectly in any form or stored in
data retrieval systems without our prior written approval. Additionally,
Vouchers are only for first-time users of Factor, unless the Voucher states
otherwise. Factor reserves the right to withdraw or deactivate any Voucher
(other than one which has been purchased) for any reason, at any time. For the
avoidance of doubt, and in accordance with the foregoing sentence, Factor
reserves the right to withdraw or deactivate any of your outstanding referral
credits or similar Vouchers in the event your referral code is posted to a
third-party website (excluding your own social media profile(s) or blogs), or if
you otherwise violate this Agreement. Vouchers may only be redeemed through our
Site or App, and not through any other website or method of communication. To
use your Voucher, you will be required to enter its unique code at the online
checkout and use of such code will be deemed to confirm your agreement to this
Agreement and any special conditions attached to the Voucher. Pursuant to this
Agreement, at the expiration of the Voucher, you agree and acknowledge that you
will be billed the standard rate for your Meal Box on a recurring, weekly basis,
unless you cancel your Plan prior to the end of the Voucher period with proper,
advance notice to Factor in accordance with this Agreement. As a part of the
verification process, Factor may require you to provide additional
identification information. In addition, as a part of the verification process,
you authorize Factor to charge to your credit card a $1.00 authorization charge
(or such other amount identified to customer at time of verification by Factor),
which amount will be refunded following successful authorization.

10. DELIVERY 10.1 Factor Delivery Week. Factor’s “Delivery Week” begins on
Saturday and runs through the following Friday. The start of our Delivery Week
means that new Meals are available to be delivered in your Meal Box.

10.2 Meal Selection Date. Meal Selection Date. Recipe Plan selection and
delivery day selection is on a rolling basis, and all selections “lock”
Wednesday by 11:59 PM Central Standard Time, except that if you receive
deliveries on Saturdays or Sundays, all selections "lock" Tuesday by 11:59 PM
Central Standard Time. For example, if your subscription allows for recipe
selection and you receive your Box on Tuesdays, you will have to make your
selection of Recipe Options you want included in your Box, or change your
delivery day, by Wednesday 11:59 PM CST of the week prior to your existing
delivery day. Your credit card or other payment source will then be charged the
following day. If you receive deliveries on Saturdays or Sundays, you will have
to make your recipe selection or change your delivery day by Tuesday 11:59 PM
CST.

10.3 Deactivation Procedures. Deactivation Procedures. Please note that ability
to change an order locks by Wednesday 11:59 PM Central Standard Time on the week
prior to your scheduled delivery date, except that if you receive deliveries on
Saturdays or Sundays, ability to change order locks by Tuesday 11:59 PM Central
Standard Time. Therefore, if you wish to deactivate your Account and/or cancel
or change an order, you must do so by the day and time listed above for your
respective delivery day. For example, if you have a scheduled delivery on
Tuesday, you have until Wednesday at 11:59 PM CST of the week prior to cancel
your subscription; and if you receive deliveries on Saturdays or Sundays, you
have until Tuesday at 11:59 PM CST of the week prior to cancel your
subscription. If you do so after your lock day and time, you will be charged and
receive your Box for that week, and the cancellation will take effect for the
following Delivery Week. To deactivate your Account, please contact Customer
Care at help@factor75.com or call (888) 573-5727, stating that you wish to
terminate your account, along with your full name and registered email address.
Where required, you may also deactivate your Account by accessing your Account
on the Factor website.

10.4 Pausing your Order. During any production week, you have the option of
pausing your deliveries. In order to do so, log on to your account page on the
Site or App, select a particular week (by clicking on the delivery day
highlighted), then click on the “Edit Delivery” button and then click “Skip
Week” button. You will not be charged for any week in which your order is
paused. Please note that this action cannot be taken for any scheduled order
which has already “Locked,” pursuant to Section 10.2. Additionally, pausing an
order shall only apply to the week in which you pause, and automatic deliveries
will commence the following week, unless you choose to pause the following week,
subject to the details, above.

10.5 Delivery Specifics. We use reliable third-party delivery companies to
deliver your meals, that will generally deliver your meals prior to 9 pm local
time on your delivery date. Each box is carefully packaged to stay fresh until
at least 10 pm local time on the day of delivery. However, to maintain the
highest quality and integrity of the meals after delivery, we recommend that you
immediately refrigerate the items when you receive them. Furthermore, you should
inspect your package to ensure the contents arrive in a cool, refrigerated
condition. The best way to do this is to check the meat and fish with a
thermometer to ensure their internal temperatures are 41F or below. If a fresh
food product arrives at above 41F, you should contact our customer service and
discard the item. If you are not home when a delivery arrives, our delivery
person will leave the package for you at your door. Again, since our food is
packaged with insulated liners and gel packs, it will remain cold and fresh
until at least 10 pm local time. In the case of inclement weather, we will
deliver your order as soon as reasonably possible when the conditions permit. If
your designated delivery location is inaccessible, rendering us unable to make
the delivery, we will contact you to determine the best alternate location
and/or date for the delivery.

11. FORCE MAJEURE We will not be liable or responsible for any failure to
perform, or delay the performance of, any of our obligations that is caused by
events outside our reasonable control (“Force Majeure Event”). A Force Majeure
Event includes any act, event, non-happening, omission or accident beyond our
reasonable control and includes, but is not limited, to the following: (1)
Strikes, lock-outs, or other industrial action; (2) Civil commotion, riot,
invasion, terrorist attack or threat of terrorist attack, war, or threat or
preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence,
epidemic, or other natural disaster; (4) Impossibility of the use of railways,
shipping, aircraft, motor transport, or other means of public or private
transport; (5) Impossibility of the use of public or private telecommunications
networks; and (6) The acts, decrees, legislation, regulations, or restrictions
of any government. Our performance under this Agreement is deemed to be
suspended for the period that the Force Majeure Event continues, and we will
have an extension of time for performance for the duration of that period. We
will use our reasonable efforts to bring the Force Majeure Event to a close or
to find a solution by which our obligations under this Agreement may be
performed despite the Force Majeure Event.

12. RECEIPT OF THE MATERIALS AND FOOD PREPARATION Factor uses specific materials
to refrigerate perishable items and also uses third party delivery companies to
deliver Meal Boxes to customers. Please note that you are responsible for
reviewing the Meal Box upon delivery and inspecting all of the Products
contained within for any defects or other problems upon delivery. If you are not
home when your Meal Box is delivered, the Meal Box will be left at your door or
in a common area. Upon the completion of your review of the Meal Box, we
recommend that you place all perishables in your refrigerator to ensure the
integrity of all meals and contents. The risk of loss and/or damage passes to
you at the time of delivery. We highly recommend that you review the USDA’s
instructions on safe food handling, which can be found here. All items are
solely at your risk from the time of delivery. As such, you are solely
responsible for any preparatory steps, storage of the contents of any Meal
Boxes, and the warming of Meals. We recommend that you use a thermometer to
measure the temperature of any poultry, fish, or meat products that arrive in
the insulated portion of the Meal Box, and, pursuant to USDA Guidelines (found
here), you should utilize said thermometer to ensure that they are at (or below)
41 degrees Fahrenheit.

Factor recommends that all warming instructions found within our online menu and
on the back of your meal tray packaging slip to be followed, and all seafood,
meats, and poultry should be cooked to the USDA’s recommended internal
temperatures (165 degrees Fahrenheit for poultry; 160 degrees Fahrenheit for
ground meats; 145 degrees for whole meats; and 145 degrees Fahrenheit for
seafood). Factor recommends utilizing a food thermometer to verify internal
temperatures. For more information, please see the USDA’s website, found here).

13. FOOD PREPARATION Factor recommends that all warming instructions found on
the Meal packaging be followed. Please note that each Meal will have a
corresponding meal description found online. If you have any questions or
concerns related your meal or meal warming instructions, please contact
help@factor75.com or Customer Experience at (888) 573-5727.

14. RETURN AND REFUND POLICY In the event that you are unhappy with any part of
your Meal Box, or a specific Meal, you can reach out to us at help@factor75.com
or call Customer Experience at (888) 573-5727. Please do so within five (5) days
of the date you received the unsatisfactory item. If related to the condition of
a Meal, we, at our sole discretion, may give you credit for the individual Meal,
and in some situations, issue a partial or full refund for the Meal. We reserve
the right, however, to require either the return of the unsatisfactory Meal, or
a photograph of such, before any partial/full refund or credit will be issued.
Any future release, update or other addition to the Offerings shall be subject
to this Agreement. Factor, its suppliers, and its service providers reserve all
rights not granted in this Agreement.

15. PROPRIETARY RIGHTS Factor is the owner and operator of the Site and the App.
Additionally, Factor is the owner of, or duly licensed to utilize, all content,
features, and functionality (including, but not limited to, all information,
text, graphics, software, video, and audio, and the design, selection, and
arrangement thereof) published on the Site, the App, or any Offerings
(collectively the “Materials”). The Materials and Offerings are protected by
copyright, trademark, trade secret, and other intellectual property or
proprietary rights laws throughout the world.

Subject to this Agreement, Factor grants Users a limited license to use the
Materials and Factor’s Offerings for personal, non-commercial use. Any other use
of Factor’s materials, including modification, distribution, or reproduction for
purposes other than the personal usage of Factor’s Offerings, without written
approval from Factor (which can be provided through email) is prohibited.

Any future release, update, or other addition to the Offerings shall be subject
to this Agreement. Factor, its suppliers, and its service providers reserve all
rights not granted in this Agreement.

15.1 Trademarks. “Factor,” all other Factor marks and logos, and all titles,
characters, names, graphics, and button icons are service marks, trademarks,
and/or trade dress of Factor or otherwise proprietary to Factor and may not be
used by you for any reason other than as expressly permitted by the Terms. All
other trademarks, service marks, product names, and company names, logos,
designs, or slogans appearing by and through the Offerings are the property of
their respective owners and you do not acquire any ownership rights in or to
such marks, logos, or names by using and/or accessing the Offerings. You will
not remove, alter, or obscure any copyright notice, trademark, service mark or
other proprietary rights notices incorporated in or accompanying the Offerings.

15.2 Other Content. Except with respect to your User Content, you agree that you
have no right, title, or interest in or to any Content that appears on or in the
Offerings.

15.3 Procedure for Making Claims of Copyright Infringement. Factor reserves the
right to terminate any end-user’s access to the Offerings where that end-user
infringes upon third-party copyrights. If you believe content posted on the App
or Site infringes your copyright, please provide our copyright agent with the
following information: (1) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; (2) a
description of the copyrighted work that you claim has been infringed; (3) a
description of the location on the Services of the material that you claim is
infringing; (4) your address, telephone number and e-mail address; (5) a written
statement that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent or the law; and (6) a statement by
you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf. Correspondence regarding notice of claims of copyright
infringement should be sent to our copyright agent at help@factor75.com.

16. COMMUNITY STANDARDS AND CONDUCT GUIDELINES You may use Factor Offerings only
for lawful purposes and in accordance with these Terms and Conditions. By
visiting our Site, App, or by using our Products, You hereby agree not to use
the Offerings:

 * In any way that violates any applicable federal, state, local, or
   international law or regulation (including, without limitation, any laws
   regarding the export of data or software to and from the US or other
   countries).
 * For the purpose of exploiting, harming, or attempting to exploit or harm
   minors in any way by exposing them to inappropriate content, asking for
   personally identifiable information, or otherwise.
 * To transmit, or procure the sending of, any advertising or promotional
   material, including any “junk mail”, “chain letter”, “spam”, or any other
   similar solicitation.
 * To impersonate or attempt to impersonate Factor, an employee, another user,
   or any other person or entity (including, without limitation, by using email
   addresses associated with any of the foregoing).
 * To impersonate or attempt to impersonate Factor, an employee, another user,
   or any other person or entity (including, without limitation, by using email
   addresses associated with any of the foregoing).
 * To engage in any other conduct that restricts or inhibits anyone’s use or
   enjoyment of the Site or App, or which, as determined by us, may harm Factor
   or users of the Site, or expose them to liability.

Additionally, you agree not to:

 * Use the Site in any manner that could disable, overburden, damage, or impair
   the Site or interfere with any other party’s use of the Site.
 * Use any robot, spider, or other automatic device, process, or means to access
   the Site for any purpose, including monitoring or copying any of the material
   on the Site.
 * Use any manual process to monitor or copy any of the material on the Site or
   for any other unauthorized purpose without our prior written consent.
 * Use any device, software, or routine that interferes with the proper working
   of the Site.
 * Introduce any viruses, trojan horses, worms, logic bombs, or other material
   that is malicious or technologically harmful.
 * Attempt to gain unauthorized access to, interfere with, damage, or disrupt
   any parts of the Site, the server on which the Site is stored, or any server,
   computer, or database connected to the Site.
 * Attack the Site via a denial-of-service attack or a distributed denial-of-
   service attack.
 * Otherwise attempt to interfere with the proper working of the Site.

17. NON-USER THIRD PARTY CONTENT We may display content, advertisements, and
promotions from third parties through the Site, in mailings or emails containing
information regarding other companies, or with or contained within the Offerings
(“Third Party Content”). The Third-Party Content is not endorsed, adopted by, or
controlled by Factor, and we make no representations or warranties of any kind
regarding such Third-Party Content, regarding its accuracy or completeness. You
acknowledge and agree that (i) your interactions with third parties providing
Third Party Content through or on the Offerings (including, but not limited to,
our Site, App, social media, other Content, or Products) are solely between you
and such third parties; and (ii) that it is impossible for Factor to monitor
such materials and that you access these materials at your own risk.

18. USER CONDUCT You agree that you will not violate any law, statute,
regulation, intellectual property (including, but not limited to, copyright and
trademarks), contractual obligations, other third-party rights, or commit a
tort, and that you are solely responsible for your conduct, while accessing or
using the Site or App. You agree that you will abide by this Agreement and will
not: (1) display personal or confidential information related to any third
party, including, but not limited to, street addresses, email addresses, last
names, telephone numbers, and URLs; (2) attempt to access or use another user’s
account unless permitted to do so, in writing, from both the user and Factor;
(3) engage in any behavior which is deemed to be harassment, threatening,
stalking or predation of any other person; (4) make any claim, statement, or
assertion, or imply, that your claim, statement, or assertion is endorsed by
Factor without Factor’s express written consent; (5) engage in the commercial
solicitation of other end-users; (6) collect or record end-users’ personal
information without their prior written consent; (7) develop or use any third
party applications that interact with any of Factor’s Content, the Site, or the
App without our prior written consent; (8) use the Site or App in any way that
prevents or inhibits other end-users from fully utilizing the Site or App, or in
a way that could overburden or interfere with the functioning of the Site or App
in any manner; (9) use any manual or automatic process, means, or interface
(including, but not limited to robot, spider, script or, browser extension),
which Factor has not authorized to access the Site or the App, to retrieve or
index data or content; (10) decipher or reverse engineer any portion of the Site
or the App that may reveal source code or bypass items designed to obstruct,
limit, or stop access to any Content, specific site within the Site, or code
within the Site; (11) access or attempt to access any portion or feature of the
Site or App which you are not authorized to access, pursuant to this Agreement
or any subsequent agreements; or (12) use the Site or the App for any illegal
purpose.

19. USER CONTENT 19.1 Pursuant to the specifications located in this Agreement,
the Site, App, or any social media platforms on which Factor has an official
page or feed, may include, now or in the future, areas (“Interactive Areas”)
that allow users to post content, including but not limited to, recipes,
reviews, photos, videos, music, sound, text, graphics, code, or other materials
(“User Content”). Any User Content you post or submit to us through email or
other channels must, in its entirety, comply with all applicable federal, state,
local and international laws and regulations, and this Agreement (including, but
not limited to, the Prohibited Uses set out in Section 16 of these Terms,
respectively). You understand and acknowledge that you are responsible for any
User Content you submit or contribute through any channel or method and your use
of any Interactive Areas of the Site and/or App, and you, not Factor, have full
responsibility for such content and use, including its legality, reliability,
accuracy, and appropriateness. We are not responsible or liable to any third
party for the content or accuracy of any User Content posted by you or any other
user of the Site. You understand and acknowledge that User Content that you
share with a third party through the Site or third-party platforms will be
viewable by others in accordance with the privacy settings you establish. Any
User Content you post to the Site will be considered non-confidential and
non-proprietary. By providing any User Content, you represent and warrant
that:(1) You own or control all rights in and to the User Content and have the
right to grant the license granted below to us and our affiliates and service
providers, and each of their and our respective licensees, successors, and
assigns, including, without limitation, all copyrights and rights of publicity
contained therein, and that all User Content does not infringe on any patent
trademark, trade secret, copyright, right of publicity or other right of any
other person or entity; (2) You shall not (and shall not permit any third party
to) take any action or upload, post, or otherwise distribute any User Content
that is found by Factor, in its sole capacity, to be false, misleading,
untruthful, inaccurate, unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another’s privacy, tortious,
obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity,
contains or depicts sexual activity, or is otherwise inappropriate as determined
by Factor in our sole discretion; and (3) all of your User Content does and will
comply with this Agreement.

19.2 Except where prohibited by applicable law, Factor may pull content from our
Users who share photos, reviews, videos on social media using our brand name,
brand hashtags, including without limitation, #factormeals or #fueledbyfactor
(collectively, the “Factor Hashtags”), or tagging Factor using the @factormeals
account. You acknowledge and agree that by using our brand name, tagging Factor,
or using a Factor Hashtag, that it may be used by Factor in our marketing
materials, including but not limited to, our emails, our advertisements, and on
our Site, and you hereby grant us permission to use and authorize us to use your
name or social media handle in association with your User Content for
identification, publicity related to the Services and similar promotional
purposes, including after your termination of your Factor account or the
Services. You represent and warrant that the posting and use of your User
Content, including to the extent that your User Content includes your name,
username, likeness, voice, or photograph, does not violate, misappropriate or
infringe on the rights of any third party, including without limitation, privacy
rights, publicity rights, copyrights, trademark and other intellectual property
rights.

19.3 Except where prohibited by applicable law, You acknowledge and agree that
by using our brand name, tagging Factor, or using a Factor Hashtag, or by
uploading any User Content, you hereby grant Factor and its affiliates and
subsidiaries a nonexclusive, royalty-free, transferable, worldwide, perpetual,
irrevocable and fully sublicensable right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, copy, upload, store,
distribute, perform and publicly display your User Content, in whole or in part
and any name, username, likeness, voice, or photograph provided in connection
with your User Content without compensation to you, in connection with the
operation of the Site or the promotion, advertising or marketing of the
Services, in any form, medium or technology now known or later developed, and
including after your termination of your Account or the Services. For sake of
clarity, the foregoing license does not affect your other ownership or license
rights in your User Content, including the right to grant additional licenses to
your User Content, unless otherwise agreed in writing. You represent and warrant
that you have all rights to grant such licenses to us without infringement or
violation of any third party rights, including without limitation, any privacy
rights, publicity rights, copyrights, trademarks, contract rights, or any other
intellectual property or proprietary rights.

19.4 Except where prohibited by applicable law, You acknowledge and agree that
by using our brand name, tagging Factor, or using a Factor Hashtag or by
uploading any User Content through the Site, you are waiving and agreeing not to
assert any copyrights or “moral” rights or claim resulting from our alteration
of the User Content. You are also agreeing to appoint Factor as your irrevocable
attorney-in-fact with respect to the User Content,

19.5 Except where prohibited by applicable law, You acknowledge and agree that
any questions, comments, suggestions, ideas, feedback or other information about
the Services (collectively “Feedback”) that you provide us are non-confidential
and we will be entitled to the unrestricted use and dissemination of this
Feedback for any purpose, commercial or otherwise, without your acknowledgment
or compensation to you.

19.6 Except where prohibited by applicable law, You acknowledge and agree that
we may preserve User Content and may also disclose User Content if required to
do so by law or in the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process, applicable laws or
government requests; (b) enforce this Agreement; (c) respond to claims that any
User Content violates the rights of third parties; or (d) protect the rights,
property, or personal safety of Factor or our users.

20. INDEMNIFICATION You agree to defend, indemnify and hold harmless Factor, our
affiliates, service providers, and licensors and their respective directors,
officers, agents, contractors, partners, licensors, representatives, suppliers
and employees, from and against any loss, liability, threatened or actual claim,
demand, damages, costs and expenses, (including reasonable legal fees) arising
out of or in connection with your use of the Site, the App, the Products or any
Offerings, or any information obtained therefor other than as expressly
authorized in this Agreement. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you hereunder, and you shall cooperate as fully as reasonably
required by us. You agree to promptly notify Factor of any third-party claims,
cooperate with Factor in defending such claims, and pay all fees, costs and
expenses associated with defending such claims (including, but not limited to,
attorneys’ fees and expenses, court costs, costs of settlement and costs of
pursuing indemnification and insurance). This indemnity is in addition to, and
not in lieu of, any other indemnities set forth in a written agreement between
you and Factor. You agree that the provisions in this section will survive any
termination of your Account, the Agreement and/or your access to the Offerings.

21. DISCLAIMERS YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO,
THE PROPER AND SAFE PREPARATION (INCLUDING STORAGEMIXING, BLENDING, AND
WARMING), USE, AND CONSUMPTION OF THE CONTENTS OF THE MEAL BOXES. AS SUCH, ALL
CONTENTS OF THE RESPECTIVE MEAL BOXES ARE PROVIDED “AS-IS” AND “AS AVAILABLE,”
AND, TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW, ALL EXPRESS AND
IMPLIED WARRANTIES ARE DISCLAIMED. THIS SPECIFICALLY INCLUDES, BUT IS NOT
LIMITED TO, THE WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF
MERCHANTABILITY, AND WARRANTIES FOR THE NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY.

21.1 Allergen Information. PLEASE NOTE THAT THE EIGHT MAJOR ALLERGENS, AS
DETERMINED BY THE US FOOD AND DRUG ADMINISTRATION, WHICH ARE WHEAT, EGG, SOY,
MILK, TREENUTS, PEANUTS, FISH, AND SHELLFISH, ARE STORED, PORTIONED, AND
PACKAGED IN FACTOR’S AND OUR SUPPLIER’S FACILITIES. YOU UNDERSTAND, ACKNOWLEDGE
AND AGREE THAT WE STORE, PORTION AND PACKAGE THESE PRODUCTS, AND WHILE FACTOR
TAKES PRECAUTIONS TO LIMIT ANY CROSS-CONTAMINATION, CROSS-CONTAMINATION MAY
OCCUR BETWEEN FOOD PRODUCTS, AND THUS, THE RESPECTIVE MEALS, OR THE MEAL BOX,
MAY CONTAIN SOME OR ALL OF THE ALLERGENS LISTED. YOU ARE ALSO SOLELY RESPONSIBLE
FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND
THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS.
FACTOR DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN,
AND OTHER PRODUCT INFORMATION ON OUR SITE OR APP IS ACCURATE OR COMPLETE SINCE
THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON
OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE
RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE
AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT FACTOR IN ORDER TO PROVIDE
INFORMATION TO CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY
OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.

21.2 Specifications Related to Warranties. WE ATTEMPT TO DISPLAY THE PRODUCTS
YOU WILL RECEIVE IN YOUR MEAL BOXES AND OTHER MATERIALS AND INFORMATION YOU VIEW
ON THE SITE AND APP, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS
ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY
OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR, WE RESERVE THE
RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THIS AGREEMENT, TO CORRECT SUCH
ERRORS AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE)
OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT REFUND. YOU FURTHER AGREE THAT
THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE
PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS,
INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR
COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND
VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND
VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITE MAY CONTAIN
INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE
TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE
AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

We reserve the right to change any and all Content and to modify, suspend or
stop providing access to the Site (or any features or functionality of the Site)
and the Products at any time without notice and without obligation or liability
to you.

22. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
FACTOR, ITS AFFILIATES (INCLUDING, BUT NOT LIMITED TO, THEIR LICENSORS, SERVICE
PROVIDERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES AND EMPLOYEES)
SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY/PUNITIVE DAMAGES. THIS LIMITATION SHALL INCLUDE, BUT
IS NOT LIMITED TO, DAMAGES RELATED TO PERSONAL INJURY; PAIN AND SUFFERING;
EMOTIONAL DISTRESS; BUSINESS INTERRUPTION; LOSS OF PROFITS, REVENUE, BUSINESS OR
ANTICIPATED SAVINGS, USE, GOODWILL, DATA; AND WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. ADDITIONALLY,
IN NO EVENT SHALL FACTOR BE LIABLE FOR DISPUTES ARISING OUT OF OR IN ANY WAY
RELATED TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, APP
OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT,
CONTENT OF LINKED THIRD PARTY SITES), OR THE ORDERING, RECEIPT, OR USE OF ANY
PRODUCT, OR OTHERWISE RELATED TO THIS AGREEMENT(INCLUDING, BUT NOT LIMITED TO,
ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED
FROM FACTOR, OR FROM EVENTS BEYOND FACTOR’S REASONABLE CONTROL, SUCH AS SITE
INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS,
VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF
PERFORMANCE). UNDER NO CIRCUMSTANCES WILL FACTOR BE LIABLE TO YOU FOR MORE THAN
THE TOTAL AMOUNT PAID TO FACTOR BY YOU DURING THE THIRTY (30) DAY PERIOD PRIOR
TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE
LIMITATIONS SET FORTH IN THIS SECTION 22 SHALL NOT AFFECT LIABILITY THAT CANNOT
BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW/JURISDICTION, SUCH AS LIABILITY
FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY OUR
ACTS OR OMISSIONS, OR FOR OUR GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT.

23. MODIFICATIONS TO THE SITE AND PRODUCTS We reserve the right in our sole
discretion to modify, suspend or discontinue, temporarily or permanently, the
Site or App (or any features or parts thereof) or the rates, delivery, or
provision of the Products at any time.

24. DISPUTE RESOLUTION & BINDING ARBITRATION PLEASE READ THE FOLLOWING
ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY
BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH FACTOR AND
LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

24.1 Applicability of Arbitration Agreement. You agree that any dispute, claim,
or request for relief relating in any way to your access or use of the Site or
the App, to any products sold or distributed through the Site or the App, or to
any aspect of your relationship with Factor, will be resolved by binding
arbitration, rather than in court, except that (1) you may assert claims or seek
relief in small claims court if your claims qualify; and (2) you or Factor may
seek equitable relief in court for infringement or other misuse of intellectual
property rights (such as trademarks, trade dress, domain names, trade secrets,
copyrights, and patents). This Arbitration Agreement shall apply, without
limitation, to all disputes or claims and requests for relief that arose or were
asserted before the effective date of this Agreement or any prior version of
this Agreement.

24.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the
interpretation and enforcement of this Arbitration Agreement. To begin an
arbitration proceeding, you must send a letter requesting arbitration and
describing your dispute or claim or request for relief to: Factor, c/o Legal
Department, 28 Liberty Street 10th Floor, New York, NY 10005. The arbitration
will be conducted by JAMS, an established alternative dispute resolution
provider. Disputes involving claims, counterclaims, or request for relief under
$250,000, not inclusive of attorneys’ fees and interest, shall be subject to
JAMS’s most current version of the Streamlined Arbitration Rules and procedures
available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other
disputes shall be subject to JAMS’s most current version of the Comprehensive
Arbitration Rules and Procedures, available at
http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also
available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not
available to arbitrate, the parties will select an alternative arbitral forum.
If the arbitrator finds that you cannot afford to pay JAMS’s filing,
administrative, hearing and/or other fees and cannot obtain a waiver from JAMS,
Factor will pay them for you. In addition, Factor will reimburse all such JAMS’s
filing, administrative, hearing and/or other fees for disputes, claims, or
requests for relief totaling less than $10,000 unless the arbitrator determines
the claims are frivolous. You may choose to have the arbitration conducted by
telephone, based on written submissions, or in person in the country where you
live or at another mutually agreed location. Any judgment on the award rendered
by the arbitrator may be entered in any court of competent jurisdiction.

24.3 Authority of Arbitrator. The arbitrator shall have exclusive authority to
(a) determine the scope and enforceability of this Arbitration Agreement and (b)
resolve any dispute related to the interpretation, applicability,
enforceability, or formation of this Arbitration Agreement including, but not
limited to, any assertion that all or any part of this Arbitration Agreement is
void or voidable. The arbitration will decide the rights and liabilities, if
any, of you and Factor. The arbitration proceeding will not be consolidated with
any other matters or joined with any other cases or parties. The arbitrator
shall have the authority to grant motions dispositive of all or part of any
claim. The arbitrator shall have the authority to award monetary damages and to
grant any non-monetary remedy or relief available to an individual under
applicable law, the arbitral forum’s rules, and the Agreement (including the
Arbitration Agreement). The arbitrator shall issue a written award and statement
of decision describing the essential findings and conclusions on which the award
is based, including the calculation of any damages awarded. The arbitrator has
the same authority to award relief on an individual basis that a judge in a
court of law would have. The award of the arbitrator is final and binding upon
you and us.

24.4 Waiver of Jury Trial. YOU AND FACTOR HEREBY WAIVE ANY CONSTITUTIONAL AND
STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
You and Factor are instead electing that all disputes, claims, or requests for
relief shall be resolved by arbitration under this Arbitration Agreement, except
as specified in Section 21.1 above. An arbitrator can award on an individual
basis the same damages and relief as a court and must follow this Agreement as a
court would. However, there is no judge or jury in arbitration, and court review
of an arbitration award is subject to very limited review.

24.5 Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS,
AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE
ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY
INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER
CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
If a decision is issued stating that applicable law precludes enforcement of any
of this Subsection’s limitations as to a given dispute, claim, or request for
relief, then such aspect must be severed from the arbitration and brought into
the State or Federal Courts located in the State of New York. All other
disputes, claims, or requests for relief shall be arbitrated.

24.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of
this Arbitration Agreement by sending written notice of your decision to opt out
to: arbitrationoptout@hellofresh.com, within 30 days after first becoming
subject to this Arbitration Agreement. Your notice must include your name and
address, your Factor username (if any), the email address you used to set up
your Factor account (if you have one), and an unequivocal statement that you
want to opt out of this Arbitration Agreement. If you opt out of this
Arbitration Agreement, all other parts of this Agreement will continue to apply
to you. Opting out of this Arbitration Agreement has no effect on any other
arbitration agreements that you may currently have, or may enter in the future,
with us.

24.7 Severability. Except as provided in Subsection 24.5, if any part or parts
of this Arbitration Agreement are found under the law to be invalid or
unenforceable, then such specific part or parts shall be of no force and effect
and shall be severed and the remainder of the Arbitration Agreement shall
continue in full force and effect.

24.8 Survival of Agreement. This Arbitration Agreement will survive the
termination of your relationship with Factor.

24.9 Modification. Notwithstanding any provision in this Agreement to the
contrary, we agree that if Factor makes any future material change to this
Arbitration Agreement, you may reject that change within thirty (30) days of
such change becoming effective by writing Factor at the following address:
Factor, c/o Legal Department, 28 Liberty Street 10th Floor, New York, NY 10005.

25. GOVERNING LAW AND VENUE THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL
BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK,
CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY
PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS
DOES NOT APPLY TO THIS AGREEMENT.

26. TERM, TERMINATION AND SURVIVAL 26.1 Term. The Agreement commences on the
date when you accept them (as described in the preamble above) and remain in
full force and effect while you use the Offerings, unless terminated earlier in
accordance with the Agreement.

26.2 Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree
that the Agreement commenced on the earlier to occur of (a) the date you first
used the Offerings or (b) the date you accepted the Agreement and will remain in
full force and effect while you use any Offerings, unless earlier terminated in
accordance with the Agreement.

26.3 Termination. Notwithstanding anything contained in this Agreement, we
reserve the right, without notice and in our sole discretion, to terminate or
suspend your right to access or use the Site and to order, receive and use the
Products, at any time and for any or no reason, including, without limitation,
any violation of this Agreement. You can cancel your Service in accordance with
the terms set forth in Sections 6 and 10.3 hereunder. Except as set forth above,
the Service subscription fee shall be non-refundable. If timely payment cannot
be charged to your payment provider for any reason, if you have materially
breached any provision of the Agreement, or if Factor is required to do so by
law (e.g., where the provision of the Site, the App or the Services is, or
becomes, unlawful), Company has the right to, immediately and without notice,
suspend or terminate any services provided to you. You agree that all
terminations for cause shall be made in Factor’s sole discretion and that Factor
shall not be liable to you or any third party for any termination of your
Account. We reserve the right to change any and all Content and to modify,
suspend or stop providing access to the Site (or any features or functionality
of the Site) and the Products at any time without notice and without obligation
or liability to you.

26.4 Effect of Termination. Termination of any Service includes removal of
access to such Service and barring of further use of the Service. Termination of
all Service also includes deletion of your password and all related information,
files and Content associated with or inside your Account (or any part thereof).
Upon termination of any Service, your right to use such Service will
automatically terminate immediately. You understand that any termination of
Service may involve deletion of Your Content associated therewith from our live
databases. Factor will not have any liability whatsoever to you for any
suspension or termination. All provisions of the Agreement which by their nature
should survive, shall survive termination of the Offering or Service, including
without limitation, ownership provisions, warranty disclaimers, and limitation
of liability.

26.5 No Subsequent Registration. If your registration(s) with or ability to
access the Service is discontinued by Factor due to your violation of any
portion of the Agreement, then you agree that you shall not attempt to
re-register with or access the Service through use of a different member name or
otherwise, and you acknowledge that you will not be entitled to receive a refund
for fees related to those Services to which your access has been terminated. In
the event that you violate the immediately preceding sentence, Factor reserves
the right, in its sole discretion, to immediately take any or all actions set
forth herein without any notice or warning to you.

27. SEVERABILITY AND WAIVER If any of this Agreement are determined by any
competent jurisdiction to be invalid, unlawful, or unenforceable to any extent,
such term, condition, or provision will to that extent be severed from the
remaining terms, conditions, and provisions which will continue to be valid to
the fullest extent permitted by law. No waiver by Factor of any provision in
this Agreement shall be deemed a further or continuing waiver of such provision
or a waiver of any other provision, and any failure to assert a right or
provision under this Agreement does not constitute a waiver of such right or
provision.

28. APP STORES You acknowledge and agree that the availability of the App and
the Services is dependent on the third party from whom you received the App
license, e.g., the Apple App Store or Google Play (each, an “App Store”). You
acknowledge that the Agreement is between you and Company and not with the App
Store. Factor, not the App Store, is solely responsible for the Offerings,
including the App, the content thereof, maintenance, support services, and
warranty therefore, and addressing any claims relating thereto (e.g., product
liability, legal compliance, or intellectual property infringement). To use the
App, you must have access to a wireless network or other, and you agree to pay
all fees associated with such access. You also agree to pay all fees (if any)
charged by the App Store in connection with the Offerings, including the App.
You agree to comply with, and your license to use the App is conditioned upon
your compliance with all terms of agreement imposed by the applicable App Store
when using any Offerings, including the App. You acknowledge that the App Store
(and its subsidiaries) are third-party beneficiaries of the Agreement and will
have the right to enforce it.

28.1 Additional Terms for Apple Apps. With respect to any App accessed through
or downloaded from the Apple App Store (an “App Store Sourced Application”), you
will only use the App Store Sourced Application (i) on an Apple-branded product
that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted
by the “Usage Rules” set forth in the Apple App Store Terms of Service. In
addition, the following terms apply to any App Store Sourced Application: (a)
You acknowledge and agree that (i) this Agreement is concluded between you and
Factor only, and not Apple, and (ii) Factor, not Apple, is solely responsible
for the App Store Sourced Application and content thereof. Your use of the App
Store Sourced Application must comply with the App Store Terms of Service. (b)
You acknowledge that Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to the App Store Sourced
Application. (c) In the event of any failure of the App Store Sourced
Application to conform to any applicable warranty, you may notify Apple, and
Apple will refund the purchase price for the App Store Sourced Application to
you and to the maximum extent permitted by applicable law, Apple will have no
other warranty obligation whatsoever with respect to the App Store Sourced
Application. As between Factor and Apple, any other claims, losses, liabilities,
damages, costs, or expenses attributable to any failure to conform to any
warranty will be the sole responsibility of Factor. (d) You and Factor
acknowledge that, as between Factor and Apple, Apple is not responsible for
addressing any claims you have or any claims of any third party relating to the
App Store Sourced Application or your possession and use of the App Store
Sourced Application, including, but not limited to: (i) product liability
claims; (ii) any claim that the App Store Sourced Application fails to conform
to any applicable legal or regulatory requirement; and (iii) claims arising
under consumer protection, privacy, or similar legislation. (e) You and Factor
acknowledge that, in the event of any third-party claim that the App Store
Sourced Application or your possession and use of that App Store Sourced
Application infringes that third party’s intellectual property rights, as
between Factor and Apple, Factor, not Apple, will be solely responsible for the
investigation, defense, settlement and discharge of any such intellectual
property infringement claim to the extent required by this Agreement. (f) You
and Factor acknowledge and agree that Apple, and Apple’s subsidiaries, are
third-party beneficiaries of this Agreement as related to your license of the
App Store Sourced Application, and that, upon your acceptance of the terms and
conditions of this Agreement, Apple will have the right (and will be deemed to
have accepted the right) to enforce this Agreement as related to your license of
the App Store Sourced Application against you as a third-party beneficiary
thereof. (g) Without limiting any other terms of this Agreement, you must comply
with all applicable third-party terms of agreement when using the App Store
Sourced Application.

29. MISCELLANEOUS This Agreement and any document expressly referred to herein
constitute the whole agreement between you and Factor, and supersede all
previous discussions, correspondence, negotiations, arrangements,
understandings, or agreements between us relating to the subject matter of any
contract. This Agreement, and any rights and licenses granted hereunder, may not
be transferred, or assigned by you without the prior written consent of Factor.
Except as otherwise provided herein, this Agreement is intended solely for the
benefit of the parties and is not intended to confer third party beneficiary
rights upon any other person or entity.

30. CONSUMER COMPLAINTS In accordance with California Civil Code §1789.3, you
may report complaints to the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs by contacting
them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800)
952-5210.

31. ELECTRONIC COMMUNICATIONS The communications between you and use electronic
means, whether you visit Services or send Factor e-mails, or whether Factor
posts notices on Services or communicates with you via e-mail. For contractual
purposes, you (1) consent to receive communications from Factor in an electronic
form; and (2) agree that all terms and conditions, agreements, notices,
disclosures, and other communications related to these Agreement that Factor
provides to you electronically satisfy any legal requirement that such
communications would satisfy if they were made in writing in a physical
document. The foregoing does not affect your statutory rights.

32. EXPORT CONTROL You may not use, export, import, or transfer the Offerings
except as authorized by U.S. law, the laws of the jurisdiction in which you
obtained Services, and any other applicable laws. In particular, but without
limitation, the Offerings may not be exported or re-exported (1) into any United
States embargoed countries, or (2) to anyone on the U.S. Treasury Department’s
list of Specially Designated Nationals or the U.S. Department of Commerce’s
Denied Persons List or Entity List. By using Services, you represent and warrant
that (i) you are not located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country and (ii) you are not listed on any U.S. Government list of
prohibited or restricted parties.

33. NOTICE Where Factor requires that you provide an email address, you are
responsible for providing Factor with your most current email address. If the
last e-mail address you provided to Factor is not valid, or for any reason is
not capable of delivering to you any notices required/ permitted by this
Agreement, Factor’s dispatch of the e-mail containing such notice will
nonetheless constitute effective notice. You may give notice to Factor at the
following address: Factor Legal, 28 Liberty Street, 10th floor New York, NY
10005. Such notice shall be deemed given when received by Factor by letter
delivered by nationally recognized overnight delivery service or first-class
postage prepaid mail at the above address.

34. SWEEPSTAKES NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN A
SWEEPSTAKES. A PURCHASE OF A FACTOR SUBSCRIPTION WILL AUTOMATICALLY ENTER YOU
INTO OUR SWEEPSTAKES, HOWEVER, A PURCHASE WILL NOT INCREASE YOUR ODDS OF
WINNING. CHANCES OF WINNING A SWEEPSTAKES WILL DEPEND ON THE TOTAL NUMBER OF
ENTRIES RECEIVED. AFFIDAVIT OF ELIGIBILITY/RELEASE OF LIABILITY/PRIZE ACCEPTANCE
AGREEMENT MAY BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING
ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION
FORMAT. BY PARTICIPATING IN A SWEEPSTAKES, YOU AGREE TO THE APPLICABLE OFFICIAL
RULES. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C. OR OLDER.
VOID WHERE PROHIBITED BY LAW.

35. THE PROGRAM

35.1 Program Definitions. “Program” means Factor’s internet-based nutrition
coaching and management program, which is delivered in one or more Plans.
“Program Fee” means, as set forth in the Plan, or any customer agreement or
other communication from Factor to you, the charge to the Customer for Programs
provided by Factor. “Proprietary Information” means all non-public business or
technical information, or materials disclosed to you by Factor or any Factor
wellness professional (“Wellness Professional”), including any documentation,
any method of carrying out or delivering the Program, and any pricing or
commercial terms related to the Program, including the price paid for the Plan
and Program.

35.2 Access to Wellness Professionals. As part of the Plan and Program, Factor
will provide you with individual or group access to Wellness Professionals, who
will consult with you by videoconference or telephone. You agree to work with
your Wellness Professionals in good faith solely with respect to the Program,
and you will not seek consultation from your Wellness Professionals for any
other purpose. If you need to reschedule an individual appointment with a
Wellness Professional, you agree to do so at least 12 hours in advance, or the
session will be marked as complete and cannot be used. In addition, if you miss
a scheduled individual appointment, the session will be marked as completed. You
agree that the sessions with Wellness Professionals are for your own personal
benefit and not for the benefit of others and that you will not allow any
observers to join you, except as may be necessary to facilitate your
participation in the session. You agree that you will not record any such
session in any way. You also understand and agree that Factor may replace any
Wellness Professional assigned to you at any time, with no advance notice.

35.3 Eligibility. We do not permit individuals under eighteen (18) years of age
to register for our Program. By using the program, you represent and warrant
that you are at least eighteen (18) years of age and have the right, authority,
and capacity to enter into this Agreement and to abide by the terms and
conditions found herein. Due to the physiological sensitivity that occurs with
pregnancy and our inability to provide collaborative care with physicians,
individuals who are pregnant will be unable to use our Program. Individuals who
are currently or have a goal to be at a BMI below 18.5 will also be unable to
use our services. According to the Center for Disease Control (CDC), current
medical standards indicate a healthy BMI range to be between 18.5-24.9, with a
BMI falling below 18.5 to be considered underweight. Weight loss for underweight
individuals is not recommended and should be supervised by a medical
professional

35.4 Your Health and Medical Service Disclaimer. We do not provide professional
medical services or advice. FACTOR IS NOT A MEDICAL ORGANIZATION. THE SERVICES
PROVIDED BY THE WEBSITE AND/OR MOBILE APP DO NOT CONTAIN OR CONSTITUTE, AND
SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT
RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF
YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911. YOU SHOULD NOT CONSIDER THE
PROGRAM OR ANY INFORMATION OR DOCUMENTATION YOU RECEIVE FROM FACTOR AS MEDICAL
ADVICE OF ANY KIND, AND THE PROGRAM IS NOT INTENDED TO DIAGNOSE OR TREAT ANY
ILLNESS, DISEASE, OR ADVERSE MEDICAL CONDITION. Factor is not a licensed medical
care provider, and the Programs are not medically supervised. You are urged and
advised to seek the advice of a physician before beginning your use of the
Program, and to get periodic medical check-ups as recommended by your
primary-care physician. By using the Program, you represent that you are an
adult who is healthy enough to begin a weight loss regimen that includes dieting
and exercise. The Program is not intended for use by minors. If you are
currently under the care of a healthcare professional or are living with a
chronic health care condition, you represent that you have obtained the express
approval from a healthcare professional to receive the Programs before
beginning. Never disregard professional medical advice or delay in seeking it
because of something you have been told by Factor staff or any Wellness
Professional. The Program does not provide medical services or render medical
advice. Nothing contained in the Program, or the Services should be construed as
such advice or diagnosis. The information provided by Factor should not be
interpreted as a substitute for physician consultation, evaluation, or
treatment, and the information made available through the Program should not be
relied upon when making medical decisions, or to diagnose or treat a medical or
health condition. You are urged and advised to seek the advice of a physician or
medical professional for any questions you may have regarding your health before
beginning any weight loss effort regimen, physical activities, or any other
plans that may be referenced or discussed or offered under the Program. If you
are being treated for an illness, taking a prescription medication, or following
a therapeutic diet to treat a disease, it is especially urged to consult with
your physician before using the Program. Each time you use the Program, you
represent to us that you are not using the Program for the purpose of seeking
medical attention. You further agree that, before using the Program, you shall
consult your physician, particularly if you are at risk for problems resulting
from exercise or changes in your diet. If any information you receive or obtain
from using the Program is inconsistent with medical advice from your physician,
you should follow the advice of your physician.

35.5 Assumption of Risk. Not all exercises or activities recommended by Factor
or any of the Wellness Professionals, or otherwise made available on the Website
or in any documents or information provided by Factor75, are suitable for
everyone. You understand and agree that when participating in any exercise or
exercise program, there is the possibility of injury or death. As such, YOU
AGREE TO USE YOUR OWN JUDGMENT AT ALL TIMES DURING YOUR USE OF THE PROGRAM IN
ORDER TO DETERMINE IF ANY RECOMMENDED EXERCISE OR ACTIVITY IS SUITABLE FOR YOU.
If you feel any discomfort or pain during your use of the Program, you must
immediately stop the exercise or activity causing such discomfort or pain and
dial 911 using your telephone if you need emergency help. Factor will not be
responsible for any health problems or injuries that you may experience as a
result of receiving the Programs, including from training programs, products, or
events you learn about through the Program. YOU HEREBY AGREE THAT YOUR USE OF
THE PROGRAM, INCLUDING YOUR USE OF ANY EXERCISE PROGRAM RECOMMENDED BY FACTOR OR
ANY WELLNESS PROFESSIONAL, IS AT YOUR OWN RISK AND THAT YOU ARE VOLUNTARILY
PARTICIPATING IN THESE ACTIVITIES, EVEN IF ANY ASPECT OF THE WEBSITE OR
DOCUMENTATION IS INACCURATE, INCOMPLETE, OR INAPPROPRIATE IN THE MANNER IT WAS
PRESENTED.

35.6 Disclaimer of Program Warranty and Limitation of Liability. You hereby
release and agree to hold Factor harmless from any and all causes of action and
claims of any nature resulting from the Program and/or the Wellness
Professionals’ Services, including (without limitation), any act, omission,
opinion, response, advice, suggestion, information, and/or service of any
Wellness Professional, and or any other content or information accessible
through the Program. You understand and acknowledge that the Program is provided
“as is” without any express or implied warranties of any kind, including but not
limited to merchantability, non-infringement, security, fitness for a particular
purpose or accuracy. The use of the Program is at your own risk. To the fullest
extent of the law, we expressly disclaim all warranties of any kind, whether
expressed or implied. You understand, agree, and acknowledge that Factor shall
not be liable to you or to any third party for any indirect, incidental,
consequential, special, punitive, or exemplary damages. You understand and agree
that our aggregate liability for damages arising with respect to this agreement
and any and all use of the Program will not exceed the total amount of money
paid by you or on your behalf through the Program. To the extent that applicable
law does not allow for limitation of liability as set forth above, the
limitation will be deemed modified solely to the extent necessary to comply with
applicable law.

35.7 HIPAA Compliance. Factor takes the confidentiality of your personal health
information (“PHI”) very seriously. Please review our HIPAA Privacy Policy
Notice, which describes how your medical information may be used and disclosed
and how you may access this information. This notice of privacy practices is
mandated by the Health Insurance Portability and Accountability Act of 1996.

Factor
Weekly Menu
Our Plans
Delivery Options
Nutrition Coaching
Corporate Sales & Partnerships
Add-Ons
Blog
Careers

Help center

Help & FAQ

Factor



Help center



Download our app

Manage your deliveries from anywhere, anytime.


Download our app
© Factor 2024
Accessibility

Terms & Conditions

Privacy Policy

Do Not Sell or Share My Personal Information

facebook
instagram