1. Introduction
1.1. These Terms and Conditions (the "Terms") govern the purchase of Products from Best.me Meals Inc. (the "Company") by customers located in the United States and any other territories where the Company makes Products available for sale.
1.2. The Terms apply to all purchases of Products made through the Company's websites, online stores, subscription programs, checkout pages, promotional pages, standalone sales funnels, and other sales channels made available by the Company from time to time.
1.3. By placing an Order for Products, the Customer acknowledges that they have read, understood, and agreed to be bound by these Terms.
1.4. These Terms govern the sale of physical Products. To the extent the Customer accesses, purchases, or uses any digital content, mobile applications, websites, subscription services, educational materials, or other digital offerings provided by the Company, separate terms and conditions may apply.
1.5. Where Products are purchased through a third-party marketplace, platform, payment provider, or sales channel, the Customer may also be subject to the applicable terms, conditions, policies, procedures, customer service requirements, refund policies, and dispute resolution processes of such third party. In the event of any conflict relating solely to the operation of the third-party marketplace or platform, the applicable third-party terms shall govern to the extent legally required.
1.6. The Company reserves the right to modify these Terms from time to time. The version of the Terms in effect at the time an Order is placed shall apply to that Order. For Subscriptions, updated Terms may apply to future Subscription renewals where permitted by applicable law. The Company will indicate the date these Terms were last updated at the top of this document. Continued use of the Website, placement of an Order, or continuation of a Subscription following any update to these Terms constitutes acceptance of the revised Terms
1.7. Any translation of these Terms is provided for convenience only. In the event of any inconsistency between the English version and a translated version, the English version shall prevail to the fullest extent permitted by applicable law.
1.8. The Company's collection, use, and disclosure of personal information in connection with the Website, Orders, and Subscriptions is governed by the Company's Privacy Policy, which is incorporated into these Terms by reference.
2. Definitions
For the purposes of these Terms, the following definitions apply:
"Company" means Best.me Meals Inc., its affiliates, successors, assigns, and authorized representatives.
"Customer" means any individual or entity that purchases, subscribes to, receives, or otherwise obtains Products from the Company.
"Products" means nutrition products, meal replacement products, complete nutrition shakes, nutrition bars, keto bars, hot meals, snacks, accessories, bundles, starter packs, and any other physical products sold by the Company from time to time.
"Subscription" means a recurring arrangement under which the Customer receives recurring deliveries of Products and is charged on a recurring basis in accordance with the applicable offer, subscription plan, or checkout terms.
"Order" means any order submitted by a Customer to purchase Products, whether as a one-time purchase or through a Subscription.
"Website" means any website, online store, checkout page, landing page, promotional page, subscription page, or other online property operated by or on behalf of the Company from time to time.
"Marketplace" means any third-party platform through which the Products may be offered or sold, including Amazon and similar third-party marketplaces.
3. Website access, accounts, and acceptable use
3.1. Access to and use of the Website is granted subject to these Terms. The Company grants the Customer a limited, non-exclusive, revocable license to access and use the Website for personal, non-commercial purposes only.
3.2. The Customer shall not: (a) access or attempt to access the Website through automated means, including bots, scrapers, or data-mining tools, without the Company's prior written authorization; (b) attempt to gain unauthorized access to any account, system, server, or network connected to the Website; (c) interfere with, disrupt, or place an unreasonable burden on the Website or its infrastructure; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software made available through the Website; or (e) use the Website to transmit any virus, malware, or other harmful code.
3.3. Where the Company makes account-creation functionality available, the Customer is responsible for maintaining the confidentiality of any login credentials and for all activity occurring under the Customer's account, and must promptly notify the Company of any suspected unauthorized access to or use of the account.
4. Orders
4.1. By placing an Order, the Customer submits an offer to purchase Products from the Company. All Orders are subject to acceptance by the Company.
4.2. An Order shall be deemed accepted only when the Company confirms the Order in writing or ships the applicable Products, whichever occurs first. The Company's acknowledgement of receipt of an Order does not constitute acceptance of the Order.
4.3. All Products are offered subject to availability. The availability of Products displayed on the Website or through a Marketplace does not guarantee that such Products remain available at the time an Order is placed or processed.
4.4. The Company reserves the right to limit quantities available for purchase, restrict purchases of particular Products, establish purchase limits per Customer, household, account, payment method, or delivery address, and discontinue or suspend the sale of any Product at any time.
4.5. The Company reserves the right to refuse, reject, limit, suspend, or cancel any Order at any time before shipment where reasonably necessary, including where:
(a) a Product is unavailable or out of stock;
(b) an error has occurred in pricing, product descriptions, promotions, or other information relating to the Products;
(c) the Company suspects fraud, abuse, unauthorized activity, or a violation of these Terms;
(d) payment cannot be successfully authorized, verified, or collected;
(e) the Customer has provided inaccurate, incomplete, or misleading information; or
(f) fulfillment of the Order is prohibited by law or is otherwise impracticable for operational, regulatory, or business reasons.
4.6. The Company may conduct fraud screening, payment verification, identity verification, address verification, or other security checks before accepting, processing, or fulfilling an Order. The Company may request additional information from the Customer for verification purposes and may delay, suspend, or cancel an Order if such information is not provided or cannot be verified.
4.7. The Company reserves the right to correct any typographical, pricing, promotional, inventory, or other errors relating to Products, Orders, or Subscriptions. If an error is identified after an Order is placed, the Company may cancel the Order and refund any amounts paid or contact the Customer regarding available options.
4.8. Products may only be purchased by individuals who are at least eighteen (18) years old or the age of majority in their jurisdiction of residence, whichever is higher. By placing an Order, the Customer represents and warrants that they satisfy this requirement.
4.9. The Company reserves the right to limit, refuse, or cancel Orders that appear to be placed by dealers, resellers, distributors, exporters, or other parties purchasing Products for resale, redistribution, or commercial purposes without the Company's prior written authorization.
4.10. Products are sold for personal use only. Products may not be purchased for resale, redistribution, export, commercial use, or other unauthorized purposes without the Company's prior written consent.
5. Products and Product information
5.1. Products may be offered:
(a) as one-time purchases;
(b) as part of a Subscription;
(c) as part of promotional campaigns;
(d) as part of rewards, incentives, loyalty programs, or similar programs; or
(e) as part of bundled or promotional offers.
5.2. Products may be purchased through the Website, Marketplaces, and other sales channels authorized by the Company from time to time.
5.3. Products may not be available in all jurisdictions, territories, sales channels, or Subscription plans.
5.4. Product availability may vary due to inventory levels, manufacturing capacity, supplier availability, fulfillment capabilities, shipping restrictions, regulatory requirements, geographic limitations, or other operational factors.
5.5. The Company reserves the right to limit quantities available for purchase, restrict purchases or Subscriptions of particular Products, or suspend or discontinue the sale of any Product at any time.
5.6. The Company makes reasonable efforts to accurately present Products through the Website, Marketplaces, advertising, promotional materials, and other communication channels; however, the Company does not warrant that all Product descriptions, images, specifications, or other content are complete, current, or error-free.
5.7. Product descriptions, images, packaging, ingredients, nutritional information, serving suggestions, flavors, colors, dimensions, quantities, and other product-related information are provided for informational purposes only and may be updated or modified from time to time.
5.8. Actual Products may differ from displayed descriptions, images, illustrations, renderings, packaging, or marketing materials due to manufacturing updates, supplier changes, packaging revisions, regulatory requirements, product improvements, inventory constraints, or other operational considerations.
5.9. The Company reserves the right to introduce, discontinue, replace, modify, reformulate, repackage, relabel, rename, improve, or otherwise change any Product at any time.
5.10. Ingredients, formulations, nutritional values, allergen information, and product specifications may change from time to time. Customers should review the product packaging received with each Order before consumption and should not rely solely on previously published product information.
5.11. Where reasonably necessary due to availability, manufacturing, supply chain, or operational requirements, the Company may offer a substitute Product of substantially similar type and value.
5.12. Where required by applicable law, the Customer may decline the substitute Product and receive an appropriate refund or alternative remedy.
5.13. The Company does not guarantee the continued availability of any specific Product, flavor, formulation, packaging format, bundle, Subscription configuration, promotional offer, discount, incentive, or related product feature.
5.14. Certain Products may be offered only for limited periods, in limited quantities, or exclusively through specific sales channels, Subscription plans, customer groups, or promotional campaigns.
5.15. Customers are responsible for reviewing Product packaging, ingredient lists, allergen disclosures, nutritional information, instructions, and warnings accompanying each Product delivered, regardless of any previous purchases of the same Product.
5.16. Products may display a best-by date, expiration date, lot code, or similar product information on the packaging. Customers are responsible for reviewing and complying with all storage, handling, preparation, and usage instructions accompanying the Product.
5.17. The Company does not guarantee product quality, freshness, taste, texture, or performance where a Product is stored, handled, prepared, or used contrary to the instructions provided by the Company.
6. Subscription program
6.1. Certain Products may be offered on a Subscription basis, under which the Customer receives recurring deliveries of Products at the frequency selected during the purchase process.
6.2. By purchasing a Subscription, the Customer authorizes the Company and its payment processors to charge the payment method provided by the Customer for all recurring Subscription charges, including applicable taxes, shipping fees, and other charges disclosed at checkout.
6.3. The contents, frequency, pricing, billing intervals, shipment frequency, included Products, discounts, incentives, and other features of a Subscription shall be determined by the applicable offer accepted by the Customer at the time of purchase.
6.4. Unless otherwise stated in the applicable offer, a Subscription automatically renews at the end of each Subscription period and continues until cancelled by the Customer or terminated by the Company in accordance with these Terms.
6.5. Unless required by applicable law, the Company shall have no obligation to provide advance notice or reminders regarding upcoming Subscription Orders, recurring charges, or Subscription renewals.
6.6. The Company may change Subscription pricing, shipping fees, Subscription features, or other terms from time to time. Any such changes shall apply to future renewals and shall be communicated where required by applicable law.
6.7. The Customer may cancel a Subscription at any time, at no cost, through the account management functionality made available by the Company or by contacting customer support.
6.8. To avoid being charged for the next Subscription period, the Customer must cancel the Subscription before the next recurring billing date. Cancellation will apply to future Subscription renewals only and will not affect Orders that have already been processed, packed, shipped, or otherwise committed for fulfillment.
6.9. The Company may make available functionality enabling Customers to modify certain aspects of a Subscription, including changing Products, modifying delivery schedules, skipping deliveries, updating quantities, or making similar adjustments. Any such functionality may be modified, restricted, suspended, or discontinued at any time.
6.10. The Company may make reasonable modifications to a Subscription, including removing, repackaging, relabeling, or updating the presentation of Products, where reasonably necessary due to product availability, manufacturing requirements, supply chain disruptions, regulatory requirements, operational considerations, or other business needs, provided that such changes do not materially change the contents of the Subscription or reduce its overall value.
6.11. Failure by the Customer to receive, use, consume, or otherwise utilize Products delivered under a Subscription shall not affect the Customer's payment obligations or the automatic renewal of the Subscription, except where required by applicable law.
6.12. If a recurring payment cannot be successfully processed, the Company may retry the charge, divide the charge into multiple payment attempts, request an alternative payment method, suspend future shipments, suspend the Subscription, or terminate the Subscription.
6.13. The Customer remains responsible for providing accurate and current payment information and authorizes the Company to make reasonable attempts to collect outstanding Subscription charges.
6.14. The Company reserves the right to limit, suspend, or terminate a Subscription where payment cannot be successfully processed, fraudulent or abusive activity is suspected, the Customer breaches these Terms, or continued provision of the Subscription is not commercially, operationally, or legally feasible.
6.15. The Company does not guarantee the continued availability of any specific Product, flavor, formulation, packaging format, discount, incentive, Subscription benefit, or promotional offer for any particular period of time.
6.16. Refusal, non-acceptance, return, non-use, or failure to receive Products does not constitute cancellation of a Subscription. A Subscription remains active until cancelled in accordance with these Terms.
7. Pricing and payments
7.1. Prices for Products and Subscriptions are displayed through the Website, Marketplace, checkout page, or other applicable sales channel at the time of purchase.
7.2. All prices are stated in U.S. Dollars unless otherwise specified.
7.3. Applicable sales taxes, use taxes, value-added taxes, goods and services taxes, shipping charges, handling fees, and other charges may be added at checkout where required by law.
7.4. The Customer is responsible for all applicable taxes, duties, fees, levies, assessments, and governmental charges associated with the purchase of Products, except for taxes imposed on the Company's income.
7.5. Shipping fees, handling fees, and other applicable charges will be disclosed before the Customer completes an Order.
7.6. From time to time, the Company may offer promotional pricing, discounts, coupons, incentives, bundled offers, or other special offers. Such offers may be subject to additional terms, limitations, eligibility requirements, expiration dates, or availability restrictions.
7.7. Promotional pricing, discounts, and special offers cannot be combined unless expressly stated otherwise by the Company.
7.8. The Company reserves the right to modify prices, fees, Subscription rates, discounts, promotional offers, and other pricing terms at any time. Changes shall not affect Orders that have already been accepted, except where required by applicable law.
7.9. In the event of a pricing error, typographical error, technical malfunction, incorrect promotional display, or other error relating to pricing or Product information, the Company reserves the right to correct the error and to refuse, cancel, or limit any affected Order. Where payment has already been collected, the Company may issue a refund of the affected amount.
7.10. Payment must be successfully authorized and received before Products are shipped unless otherwise expressly agreed by the Company.
8. Shipping and delivery
8.1. The Company will use commercially reasonable efforts to process and ship Orders within the estimated timeframes communicated at the time of purchase.
8.2. Any delivery dates, shipping estimates, transit times, or expected delivery windows are estimates only and are not guaranteed.
8.3. The Company shall not be liable for delays resulting from carrier delays, weather conditions, supply chain disruptions, customs processing, force majeure events, regulatory actions, labor shortages, transportation disruptions, or other circumstances outside the Company's reasonable control.
8.4. The Customer is responsible for providing complete, accurate, and current shipping and delivery information. The Company shall not be responsible for failed deliveries, delays, losses, additional costs, or returned shipments resulting from inaccurate or incomplete delivery information provided by the Customer.
8.5. If an Order is returned to the Company due to an incorrect address, failed delivery attempts, refusal of delivery, or failure to collect the shipment, the Company may charge additional shipping, handling, storage, or re-shipment fees before re-delivery.
8.6. The Customer must promptly notify the Company of any lost, missing, damaged, defective, or incorrectly delivered Products and provide any information reasonably requested by the Company to investigate the issue.
8.7. Claims relating to lost parcels, carrier damage, delivery discrepancies, or shipment issues may be subject to verification by the Company and the applicable carrier.
8.8. Availability of replacement Products, reshipment, refunds, credits, or other remedies shall be determined by the Company in accordance with these Terms and applicable law.
8.9. Unless applicable law provides otherwise, title to and risk of loss for Products pass to the Customer upon delivery of the Products to the applicable shipping carrier.
8.10. The Company reserves the right to restrict delivery locations, shipment methods, shipping destinations, order quantities, or fulfillment options at any time.
8.11. Certain Products may require special handling, temperature-controlled storage, expedited shipping, or specific delivery conditions. The Customer acknowledges that product quality may be affected if Products are not promptly received, stored, handled, or used in accordance with the instructions provided by the Company.
8.12. The Customer is responsible for promptly retrieving delivered Products from the delivery location and storing the Products in accordance with the instructions provided by the Company. The Company shall not be responsible for deterioration, spoilage, loss of quality, or damage occurring after delivery due to delayed retrieval, improper storage, handling, or use.
8.13. Orders placed through a Marketplace may also be subject to the Marketplace's applicable terms, policies, procedures, customer service requirements, refund policies, dispute resolution processes, and other requirements. To the extent required by applicable law or the applicable Marketplace, such Marketplace policies may apply in addition to these Terms.
9. Returns and refunds
9.1. Due to food safety, quality assurance, hygiene, and inventory control requirements, Products may only be returned or refunded in accordance with this Section and applicable law.
9.2. Except as otherwise required by applicable law or expressly provided in these Terms, all sales of Products are final and non-refundable.
9.3. Where the Company determines that a Product was materially defective, or otherwise eligible for a remedy under applicable law, the Company may, at its discretion and subject to applicable law:
(a) replace the Product;
(b) provide store credit;
(c) reship the Product;
(d) issue a refund to the original payment method; or
(e) provide another commercially reasonable remedy.
9.4. Customers must inspect Products promptly upon delivery and notify the Company within three (3) days following delivery of any damaged, defective, incorrect, missing, non-conforming, or otherwise affected Products.
9.5. The Company may require reasonable evidence supporting a claim, including photographs, videos, product lot information, descriptions of the issue, packaging materials, shipping labels, shipping information, or other documentation reasonably requested by the Company to investigate and verify the claim.
9.6. The Customer must retain the damaged Product, original packaging, shipping box, shipping label, and all contents until the claim has been reviewed and resolved by the Company. Failure to retain such materials may affect the Company's ability to evaluate the claim and provide a remedy, except where prohibited by applicable law.
9.7. Returned Products will not be accepted without prior authorization from the Company and compliance with any return instructions provided by the Company.
9.8. The Customer is responsible for return shipping costs unless otherwise required by applicable law or expressly agreed by the Company.
9.9. Refunds, credits, replacements, reshipments, or other approved remedies will be processed within a commercially reasonable period following review of the applicable claim.
9.10. The Company reserves the right to deny any refund, replacement, reshipment, store credit, satisfaction guarantee claim, promotional benefit, or other discretionary remedy where the Company reasonably determines that a claim is fraudulent, abusive, misleading, materially inaccurate, or made in bad faith.
9.11. Where a Product was purchased using a discount, promotional offer, coupon, bundle discount, introductory offer, loyalty benefit, Subscription discount, or similar price reduction, any refund shall not exceed the amount actually paid by the Customer for the applicable Product or Order, except where otherwise required by applicable law.
9.12. To the fullest extent permitted by applicable law, the Company may provide a replacement Product, store credit, refund, reshipment, or other commercially reasonable remedy without requiring the return of the applicable Product.
9.13. Nothing in these Terms limits, excludes, or modifies any rights or remedies that cannot be limited, excluded, or modified under applicable law.
9.14. The Company may offer a voluntary satisfaction guarantee for certain Products. Any such guarantee is subject to the eligibility criteria, conditions, procedures, limitations, and timeframes communicated at the time of purchase and is provided in addition to, and not in limitation of, any rights available under applicable law.
9.15. The Company reserves the right to modify, suspend, or discontinue any voluntary satisfaction guarantee at any time for future purchases.
10. Nutrition disclaimer
10.1. Products are intended to support general nutrition, wellness, and healthy lifestyle goals and are not intended to diagnose, treat, cure, or prevent any disease, illness, or medical condition.
10.2. Information provided by the Company, including through the Website, Product packaging, advertisements, marketing materials, social media content, emails, educational materials, customer support communications, or other channels, is provided for general informational purposes only and does not constitute medical advice, healthcare advice, diagnosis, or treatment.
10.3. Customers should consult an appropriate physician, dietitian, or other qualified healthcare professional before using Products, particularly if they are pregnant, nursing, have any medical condition, follow a restricted diet, take medication, participate in a medically supervised or medically supported weight-management program, have food allergies or sensitivities, or have any health-related concerns.
10.4. Individual responses to Products may vary. Nutritional requirements, dietary preferences, activity levels, lifestyle choices, medical conditions, genetics, adherence, and other factors may affect a Customer's experience and results.
10.5. The Company does not guarantee any particular weight-loss outcome, weight-management outcome, body composition outcome, fitness outcome, nutritional outcome, wellness outcome, health outcome, or any other specific result from the use of the Products.
10.6. Any testimonials, reviews, ratings, customer experiences, success stories, before-and-after examples, illustrations, statistics, or similar materials are provided for informational purposes only and do not guarantee that any Customer will achieve the same or similar results.
10.7. Customers are solely responsible for reviewing Product labels, ingredient lists, nutrition information, allergen disclosures, directions for use, storage requirements, warnings, and other Product information before consumption.
10.8. Products may contain allergens or traces of allergens. Customers are responsible for reviewing allergen information before purchasing or consuming any Product.
10.9. Certain Products may not be suitable for all individuals. The Company shall not be responsible for any adverse reaction resulting from allergens, dietary restrictions, sensitivities, medical conditions, misuse of Products, or failure to review Product information prior to consumption.
10.10. Ingredients, formulations, nutritional values, allergen information, and Product specifications may change from time to time. Customers should review the Product packaging received with each Order before consumption and should not rely solely on previously published Product information.
10.11. Products should be stored, prepared, handled, and consumed in accordance with the instructions provided on the applicable Product packaging and labeling. The Company shall not be responsible for Product quality issues arising from improper storage, handling, preparation, or use following delivery.
10.12. Statements made regarding the Products have not been evaluated by the U.S. Food and Drug Administration unless expressly stated otherwise. The Products are not intended to diagnose, treat, cure, or prevent any disease.
11. Allergens
11.1. Products may contain allergens or traces of allergens, including allergens introduced through ingredients, manufacturing processes, packaging processes, shared equipment, shared facilities, transportation, storage, or other circumstances.
11.2. Customers are solely responsible for reviewing Product labels, ingredient lists, allergen disclosures, warnings, nutritional information, and other Product information before purchasing or consuming any Product.
11.3. Ingredient compositions, formulations, manufacturing processes, suppliers, nutritional information, and allergen information may change from time to time. Customers should review the Product packaging received with each Order and should not rely solely on previously published Product information.
11.4. The Company does not represent or warrant that any Product is free from allergens, allergen traces, cross-contamination, or other substances that may cause allergic reactions, intolerances, sensitivities, or adverse health effects.
11.5. Customers with food allergies, food sensitivities, intolerances, dietary restrictions, medical conditions, or other health concerns should consult a qualified healthcare professional and carefully review all Product information before purchasing or consuming any Product.
11.6. To the fullest extent permitted by applicable law, the Company shall not be responsible for allergic reactions, sensitivities, intolerances, adverse events, or other health effects resulting from a Customer's failure to review Product information, ingredient lists, allergen disclosures, warnings, or labeling prior to consumption.
12. Limitation of liability
12.1. To the fullest extent permitted by applicable law, the Products are provided on an "as is" and "as available" basis. Except as expressly stated in these Terms or required by applicable law, the Company disclaims all warranties, representations, and guarantees, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, or uninterrupted supply.
12.2. The Company does not warrant or guarantee that the Products will achieve any particular weight-loss outcome, weight-management outcome, nutritional outcome, wellness outcome, health outcome, fitness outcome, body composition outcome, or any other specific result.
12.3. Individual results may vary significantly based on factors including dietary habits, adherence, lifestyle choices, activity levels, medical conditions, genetics, allergies, sensitivities, and other circumstances beyond the Company's control.
12.4. Any recommendations, routines, meal-placement suggestions, educational content, quiz results, personalized content, or similar information provided by the Company are intended solely for educational and informational purposes and are not medical advice, dietary prescriptions, diagnoses, treatment recommendations, or healthcare services.
12.5. To the fullest extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost opportunities, loss of goodwill, business interruption, or other intangible losses arising from or relating to the purchase, use, misuse, storage, handling, delivery, or consumption of the Products.
12.6. To the fullest extent permitted by applicable law, the Company's total aggregate liability arising from or relating to any Order, Product, Subscription, or claim shall not exceed the lesser of (a) the amount paid by the Customer to the Company for the applicable Product or Subscription giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim, or (b) USD 100.
12.7. The limitations and exclusions set forth in these Terms apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, statutory claim, or otherwise.
12.8. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for gross negligence, willful misconduct, fraud, or any other liability that applicable law prohibits from being limited or excluded.
12.9. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. Accordingly, some of the limitations or exclusions set forth in this Section may not apply to certain Customers to the extent prohibited by applicable law.
12.10. Nothing provided by the Company establishes any physician-patient, dietitian-patient, healthcare-provider, fiduciary, or similar professional relationship between the Customer and the Company.
13. Governing Law
13.1. These Terms, all Orders, all Subscriptions, and any dispute, claim, controversy, or proceeding arising out of or relating to the Products, the Website, the Marketplace, any Order, any Subscription, or these Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.
13.2. Subject to any applicable law providing otherwise, the state courts located in Dutchess County, New York, and the United States District Court for the Southern District of New York shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms, the Products, any Order, or any Subscription, and each party irrevocably submits to the jurisdiction of such courts.
13.3. Notwithstanding the foregoing, either party may bring an individual claim in small claims court in the Customer's county of residence, or in Dutchess County, New York, to the extent such claim qualifies for small claims jurisdiction under applicable law.
13.4. Nothing in these Terms limits any mandatory consumer rights or remedies that cannot be waived under applicable law.
14. Miscellaneous
14.1. Entire Agreement. These Terms, together with any policies, notices, Subscription terms, promotional terms, return policies, or other terms expressly incorporated by reference, constitute the entire agreement between the Customer and the Company regarding the purchase of Products and supersede all prior or contemporaneous communications, discussions, proposals, representations, understandings, and agreements relating to the subject matter of these Terms.
14.2. Severability. If any provision of these Terms is determined to be invalid, illegal, unenforceable, or void by a court or other authority of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect.
14.3. No Waiver. The failure of the Company to exercise or enforce any right, remedy, provision, or requirement under these Terms shall not constitute a waiver of such right, remedy, provision, or requirement, nor shall any waiver constitute a continuing waiver unless expressly stated in writing by the Company.
14.4. Assignment. The Customer may not assign, transfer, delegate, or otherwise dispose of any rights or obligations under these Terms without the prior written consent of the Company. The Company may assign, transfer, delegate, subcontract, or otherwise transfer its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, reorganization, sale of assets, corporate restructuring, or operation of its business.
14.5. Electronic communications. By placing an Order, creating an account, subscribing to communications, or otherwise interacting with the Company, the Customer consents to receive communications from the Company electronically, including by email, text message, account notification, Website notice, Marketplace communication, or other electronic means. The Customer agrees that all agreements, notices, disclosures, confirmations, policies, updates, and other communications provided electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law. The Customer is responsible for maintaining a current and valid email address and other contact information and for promptly updating any changes.
14.6. Intellectual property. All trademarks, service marks, trade names, logos, product names, branding, content, graphics, text, images, packaging designs, product descriptions, routines, meal plans, recipes, educational materials, quiz content, software, mobile applications, and other intellectual property made available by the Company are owned by the Company or its licensors and are protected by applicable intellectual property laws. Except as expressly permitted by applicable law, no content or intellectual property of the Company may be copied, reproduced, distributed, modified, displayed, published, transmitted, sold, exploited, or otherwise used without the Company's prior written consent.
14.7. Survival. Any provisions of these Terms that by their nature should survive termination, expiration, cancellation, fulfillment of an Order, or discontinuation of a Subscription shall survive, including provisions relating to payment obligations, returns and refunds, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, intellectual property, and any other provisions intended to survive.
14.8. Force Majeure. The Company shall not be liable for any failure, delay, interruption, or inability to perform its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including acts of God, natural disasters, severe weather, epidemic, pandemic, war, terrorism, labor disputes, transportation disruptions, supply chain interruptions, utility failures, governmental actions, regulatory restrictions, internet failures, or carrier delays.
14.9. Informal dispute resolution. Before commencing legal proceedings, the Customer agrees to notify the Company in writing of any dispute arising out of or relating to these Terms, a Product, an Order, or a Subscription. The notice must include: (a) the Customer's name and contact information; (b) the applicable Order number, transaction ID, or other information reasonably sufficient to identify the transaction giving rise to the dispute; (c) a description of the dispute and the facts giving rise to it; (d) the legal basis for the claim; and (e) the specific relief sought, including a calculation of any monetary amount claimed. Notice from the Customer must be sent to [email protected] or to Best.me Meals Inc., 6 Eliza St, Beacon, NY 12508, USA. Any notice from the Company to the Customer will be sent to the email address or mailing address associated with the Customer's account or most recent Order. The parties shall negotiate in good faith for sixty (60) days following receipt of such notice before either party commences legal proceedings. Compliance with this Section is a condition precedent to commencing any legal proceeding.
14.10. Indemnification. The Customer agrees to indemnify, defend, and hold harmless the Company from any claims, losses, liabilities, damages, or expenses (including reasonable attorneys' fees) arising out of the Customer's misuse of any Product, violation of these Terms, or violation of any applicable law.
14.11. Class action waiver. To the fullest extent permitted by applicable law, the Customer and the Company agree that any dispute, claim, or cause of action shall be brought solely in an individual capacity, and not as a plaintiff, claimant, class representative, class member, or participant in any class, collective, consolidated, coordinated, or representative proceeding.
14.12. Jury trial waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHETHER IN COURT OR OTHERWISE, THE CUSTOMER AND THE COMPANY EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THE PRODUCTS, ANY ORDER, ANY SUBSCRIPTION, OR THESE TERMS
15. Contact Information
15.1. Customers may contact the Company regarding Orders, Subscriptions, Products, returns, refunds, cancellations, disputes, legal notices, claims, or other inquiries using the contact details below:
Best.me Meals Inc.
6 Eliza St, Beacon, NY 12508, USA
Email: [email protected]