Please read this agreement carefully to ensure you understand each provision.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
We reserve the right to change, modify, and/or remove portions of these Terms and Conditions at any time. Each time you use the Site or place an order, you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound hereby whether or not you have reviewed them. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. If you do not agree with the modified Terms and Conditions, you should cancel your registered user account.
By using our Site, you represent that you are at least 18 years of age or have reached the age of majority where you live and that you have the legal ability to accept these Terms and Conditions and to use the Site in accordance with these Terms and Conditions.
There is no cost to becoming a registered user and it is not required for you to become a registered user to use this website. You must become a registered user to order our food products. During the registration process, you will be asked to create an account and establish a password. The account you create is for your personal, non-commercial use only. You are entirely responsible for maintaining the confidentiality of your password and for all activity made by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless Nutré for losses incurred by Nutré or another party due to someone else using your account or password. Nutré has the right to disable any user name, password or other identifiers, whether chosen by you or provided by Nutré, at any time, in its sole discretion for any or no reason, if, in our opinion, you have violated any provisions of these Terms and Conditions.
Nutré reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in its sole discretion without notice. Nutré will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Nutré may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
3. Nutrition Information
Please note the nutritional information or “macros” for each menu item is put together in good faith with specific recipes. Nutrition Facts Labels on the meal packages reflect the nutrition information for the meals at the time of their preparation. However, Nutré does not guarantee the accuracy of the nutrition information provided by us. Nutritional facts are subject to change at any time without notice. Nutritional facts are updated weekly to the best of our ability. Excluding meal categories for specific dietary preferences does not guarantee that your meal will exclude these food product ingredients from the prepared meals. You should always review ingredients associated with any product you receive from Nutré to avoid potential allergic and adverse reactions. If you have or suspect an allergic reaction is occurring, contact your health care provider as soon as possible.
Nutré does not provide management or advice for weight loss and those with specific health conditions which require a specific meal type. Individuals with any type of health condition are urged to seek advice from a physician before ordering meals. Nutré is only intended for healthy adult individuals. Content posted by Nutré meal plans such as text, images, infographics, and other material is for informational purposes only. By purchasing from Nutré, you acknowledge that Nutré does not make any claims, guarantees, explicit or implied, for any specific results.
Please Note, Nutré food items may contain or may have been manufactured in a facility that also processes: dairy, eggs, fish, shellfish, soy, tree nuts, peanuts and wheat. Although items are listed as “Gluten-Free” and “Nut Free”, Nutré is not a Gluten Free or Nut Free facility and cross-contamination is possible, however, Nutré makes every attempt to prevent Gluten and Nuts from contaminating food.
Nutré PROGRAMS ARE NOT MEDICALLY SUPERVISED PROGRAMS. IF YOU HAVE ANY MEDICAL CONDITIONS, WE RECOMMEND AND IN SOME CASES REQUIRE YOU TO SEEK PHYSICIAN APPROVAL PRIOR TO STARTING A PROGRAM.
4. Nutré Billing
When you first sign up for a subscription to a Nutré Plan (a “Plan”), your card will be authorized at the time of purchase, and processed on the Thursday prior to the delivery date; only for the first week of the Plan. By subscribing to our services you are agreeing to recurring subscriptions and will be billed at the subsequent weekly order deadline the Thursday, prior to the delivery date. You will not receive any advance notice of this payment but will receive a post-payment email confirmation on Thursday. It is your responsibility to maintain up-to-date and valid billing information through your Nutré account. In the case that your recurring payment is declined, you will be contacted by email, phone, and/or text message. If we cannot contact you, we cannot guarantee that your order will be shipped.
5. Cancel or Modify a Subscription
Current subscription customers can change, select, pause, or cancel a subscription at any time online by managing your account at GoNutré.com, or by emailing us at [email protected]é.com before the weekly order deadline of Wednesday at 11:59 pm. Please note, however, that any amounts charged to or paid by your prior to such cancellation or modification will not be refunded, and a cancellation or modification may not impact any active order for which you have already been charged, depending on the status of the order. In the case that no changes are made to the account prior to the Weekly deadline, an order will be processed based on the automatically generated meals per the account and to the current card on file.
To avoid being charged for orders you no longer wish to receive, you must ‘cancel’ or ‘skip’ within your account prior to the weekly order deadline of Wednesday at 11:59 PM, prior to the expected delivery date.
6. Credits and Refunds
If you are not satisfied with a meal for any reason, please contact our customer service team at [email protected]. You must report your issues within 7 days of the meal being delivered. Depending on the circumstances, we will provide you with a full or partial credit of the purchase price for that delivery. Nutré may require the return or photo documentation of the meal(s) that you are not satisfied with before we make a credit. Refunds are only issued at the discretion of customer service and are based on the presented situation.
Order cancellations after the ‘order deadline’ of Wednesday at 11:59 pm are subject to the following:
- First Cancellation: 100% CREDIT to Nutré account.
- Any Subsequent Cancellations are not subject to receiving any credits or refunds.
7. Delivery Guidelines
Nutré utilizes its own private delivery service and third-party delivery carrier depending on your delivery zip code. You will be with tracking information for every package. It is very important that you provide us with the proper shipping information and any special instructions the delivery driver may need. For any shipping error (including damaged packages or delayed deliveries), we will issue you a replacement delivery or replacement products at no additional charge. If replacement items are unavailable we will issue a credit to your Nutré account for the missing items. Please note, we may ask for pictures.
Delivery dates and times are not guaranteed.
8. Food Substitution Policy
Nutré takes every reasonable measure to have sufficient inventory to fulfill your order, however, the availability of product(s) may change without notice. Nutré is not responsible for the unavailability of products due to popular demand, whether discontinued or still in production.
In the completion of orders, Nutré reserves the right to substitute a similar product. When making substitutions, Nutré takes great care to meet the requirements of your particular menu. Substituted food items may contain different ingredients and allergens than those in items originally ordered. Prior to consumption, please be sure to carefully check all individual product packages for the most updated information regarding ingredients and nutritional content for any/all of Nutré’s food products, including new and improved items, if you have any food allergies or if you are otherwise concerned about any particular ingredients.
9. Content Posted by You
Content posted by you includes but is not limited to, ratings and reviews of meals, and postings on Nutré’s bulletin boards, social media pages, chat rooms, and user blogs. These sites contain various pages where you and other members may post content (“Sites”). You may only post content to the Sites that you created or which the owner of the content has given you permission to post. You may not post or distribute content that is illegal or that violates these Terms and Conditions. By posting or distributing content to the Sites, you represent and warrant that (a) you own all of the rights to the content or are authorized to use and distribute the content to these Sites and (b) the content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.
You should carefully choose the information you post on the Sites. Any content that you post to the Sites will be considered non-confidential and non-proprietary. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, or otherwise objectionable subject matter. You are solely responsible for anything you may post on these Sites and the consequences of posting anything on these Sites.
Nutré is not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Sites.
10. Content Posted by Other Users
Nutré is not responsible for and does not endorse, content in any posting made by other users on the Sites. You are solely responsible for your reliance on anything posted by another member on the Sites. Under no circumstances will Nutré be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you or any third party in connection with the use of or reliance of any content posted by a third party on the Sites. If you become aware of any misuse of the Sites by any person, please contact Nutré at [email protected]é.com.
If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. Nutré has the right to remove any user contributions from these Sites for any or no reason. Nutré reserves the right to take necessary legal action against users.
11. Activities Prohibited on the Site
The following is a partial list of the kinds of conduct that are illegal or prohibited on the site. Nutré reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of Nutré, engages in any of the prohibited activities. Prohibited activities include but are not limited to the following:
Using the site for any purpose in violation of local, state, national, or international laws;
Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Nutré in its sole discretion or pursuant to local community standards. Nutré takes no responsibility for monitoring such content or in evaluating it;
Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
Allowing any other person or entity to use your identification for posting or viewing comments;
Posting the same note more than once or “spamming”;
Harassing, threatening, stalking, or abusing any person; or
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the site, or which, in the sole discretion of Nutré, exposes Nutré or any of its customers or suppliers to any liability or detriment of any type.
Nutré reserves the right but is not obligated to do any or all of the following:
Record the dialogue or content posted on any pages of the Site;
Investigate an allegation that anything posted on the site does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the posting;
Remove postings that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
Terminate a user’s access to the site upon any breach of these Terms and Conditions;
Monitor, edit, or disclose any posting on the site; and
Edit or delete any communications posted on the site, regardless of whether such communications violate these standards.
Nutré may disclose user information including personal identity and other personal information to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Without limiting the foregoing, Nutré has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Nutré to disclose the identity or other information of anyone posting any materials on or through the Site or any Sites.
YOU WAIVE AND HOLD Nutré HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Nutré, DURING OR AS A RESULT OF ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY Nutré, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.
Nutré does not undertake to review any materials before you have posted them on the Sites and cannot ensure prompt removal of objectionable material after it has been posted. Nutré assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Nutré has no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
Nutré has the right to terminate your account and your access to the Site or Sites for any reason, including, without limitation, if Nutré, in its sole discretion, considers your use to be unacceptable. Nutré may, but shall not be under any obligation to, provide you a warning prior to termination of your use of the Site or Sites.
12. Nutré Intellectual Property
The entire contents of the Site or Sites are copyrighted as a collective work under the laws of the United States and other copyright laws. Nutré holds the copyright in the collective work. The collective work includes works that may be the property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site or Sites solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc.). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Site or Sites.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Nutré or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you access to the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.
You must not (i) modify copies of any materials from the Site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Nutré. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
The Nutré name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Nutré, LLC. or its affiliates or licensors. You must not use such marks without the prior written permission of Nutré. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
14. Copyright Protection
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Nutré (as set forth below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number, and e-mail address.
A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to Nutré, 3 Bourbon Street, Peabody MA, 01960.
15. Changes to the Site
Nutré may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and Nutré is under no obligation to update such material.
16. Information About You and Your Visits to the Site
17. Online Purchases and Other Terms and Conditions
All purchases through this Site or other transactions for the sale of goods or services or information formed through the Site or as a result of visits made by you are governed by these Terms and Conditions.
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
18. Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Nutré has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Sites and/or Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Nutré, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Nutré. Nutré is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
The Sites and/or Site and the content are provided on an “as is” and “as available” basis.
TO THE FULLEST EXTENT PERMITTED BY LAW, Nutré, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Nutré makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Sites and/or Site. Nutré cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Nutré cannot and does not guarantee or warrant that files available for downloading from these Sites and/or Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Nutré cannot and does not guarantee or warrant that any content you post on the Sites will remain on the Sites. Nutré does not warrant or guarantee that the functions or services performed on the Sites and/or Site will be uninterrupted or error-free or that defects in the Sites and/or Site will be corrected.
Nutré may disable all or any social media features and any links at any time without notice in our discretion.
20. Limitation of Liability
Nutré’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH Nutré IS TO DISCONTINUE YOUR USE OF THE SITE. Nutré AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES AND/OR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES AND/OR SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF Nutré HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Nutré’S AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold Nutré, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your use of the Sites and/or Site, including, but not limited to, any content that you may post, any use of the Sites’ AND/OR Site’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Sites and/or Site.
22. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Arizona, without regard to its conflict of laws rules.
23. Resolving Disputes — Arbitration
Most customer concerns can be resolved quickly and to the customer’s satisfaction BY calling our customer service department AT 1-844-GoNutré. IF Nutré’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if Nutré has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
All disputes or claims that arise under or related to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court or by individual arbitration in accordance with the rules of the American Arbitration Association (“AAA”). Unless you and Nutré agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879. Nutré agrees that it will pay a consumer’s filing fee FOR the arbitration.
You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR Nutré SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIMS AS A REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. This transaction and the arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
24. Waiver and Severability
No waiver by Nutré of any of the terms and conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Nutré to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
25. Entire Agreement
Nutré may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your Nutré account.
27. Telephone Calls and SMS Text Messages
Upon signing up for Nutré, you will be asked to provide us with a telephone number at which we can reach you. That number is required for shipping & delivery notifications, and so that Nutré can reach you with informational calls related to your transactions. All calls to and from Nutré may be monitored or recorded for quality and training purposes.
Delivery SMS Notifications: Text notifications will be sent to you with updates until the completion of delivery. The series of notifications begin with an expected delivery ETA the day prior to your delivery day, 30 minutes prior to delivery, and finally after completion of delivery. You may opt-out of notifications at any time, however, notifications are only sent via SMS. Other SMS messaging may also occur.
In the event your meals are being delivered by a 3rd party delivery service, you will receive a tracking number via email.