TERMS AND CONDITIONS
Welcome to Prepped Wellness! The Prepped Wellness Website (“Site”) is comprised of various web pages operated by Prepped Wellness LLC (“Prepped Wellness”). The Site and Prepped Wellness services, including but not limited to meal preparation, ordering, take out, delivery or similar (collectively, “Services”), are offered to you are conditioned on your acceptance, without modification, of these terms, conditions, and notices (“Terms”). Your use of the Site or Services constitutes your agreement to all such Terms. Please read these Terms carefully and retain a copy for your records.
Not Medical Advice/Assumption of Risk. You understand that the content provided on the Site is NOT A SUBSTITUTE FOR THE ADVICE, DIAGNOSIS, TREATMENT, OR CARE BY A MEDICAL PROFESSIONAL. Reliance on any content is SOLELY AT YOUR OWN RISK. You acknowledge that you take full responsibility for your/your child(ren)’s life and well-being and all decisions made concerning you/your child(ren). If you/your child(ren) have symptoms that concern you, consult with a medical professional. If you/your child(ren) is under the care of a health care professional or currently uses prescription medications, you should not cease conventional treatment or medication for any reason without consulting a medical professional.
Intellectual Property. All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Prepped Wellness and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions continued in any such content and will not many any changes thereto.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use, you warrant to Prepped Wellness that you will not use this Site for any purpose that is unlawful or prohibited by these Terms. You may not use this Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
You agree that you will not modify, publish, transmit, reverse, engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Prepped Wellness content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and, in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Prepped Wellness and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Prepped Wellness or our licensors except as expressly authorized by these Terms.
Electronic Communications. Visiting the Site or sending emails to a Prepped Wellness representative constitutes an electronic communication(s). By providing your information in such communications, you consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
[Your Account. If you create an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Prepped Wellness is not responsible for third party access to your account that results from theft or misappropriation of your account. Prepped Wellness and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.]
Must Be 18. No one under the age of 18 may use this Site. If you are under the age of eighteen, you must ask your parent or guardian for permission to use this Site.
Links to Third Party Sites/Third Party Services. The Site may contain links to other websites (“Linked Sites”). The Linked sites are not under the control of Prepped Wellness and therefore Prepped Wellness is not responsible for the contents of any Linked Site, included without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Prepped Wellness is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Prepped Wellness of the site or any association with its operators.
International Users. The Site is controlled, operated and administered by Prepped Wellness from our offices within the USA. If you access the Site from a location outside that USA, you are responsible for compliance with all local laws. You agree that you will not use the Prepped Wellness content access through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification. You agree to indemnify, defend and hold harmless Prepped Wellness, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use or inability to use the Site or services, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Prepped Wellness reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Prepped Wellness in asserting any available defenses.
Arbitration. In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver. Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRIING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Prepped Wellness agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Termination/Access Restriction. Prepped Wellness reserves the right, in its sole discretion, to termination your access to the Site and related content or services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Ohio and you hereby consent to the exclusive jurisdiction and venue in the courts in Ohio in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Prepped Wellness as a result of this agreement or use of this Site. Prepped Wellness’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Prepped Wellness’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site information provided to or gathered by Prepped Wellness with respect to such use.
Severability. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Entire Agreement. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Prepped Wellness with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Prepped Wellness with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms. Prepped Wellness reserves the right, in its sole discretion, to change the Terms under which the Prepped Wellness site is offered. The most current version of the Terms will supersede all previous versions. Prepped Wellness encourages you to periodically review the Terms to stay informed of our updates.
Prepped Wellness LLC
907 Elm Street Youngstown, OH 44505
Effective as of March 31, 2020