Terms of service
Welcome to Fuel Meals and our Terms of Use (these “Terms”). It is important that you read these Terms carefully as they affect your legal rights. Note that there is a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
Fuel Meals reserves the right to change or modify these Terms at any time and at our own discretion. If we make changes to these Terms, we will provide notice by updating the “Last Updated” date at the beginning of these Terms.
By accessing or using our mobile applications, blogs, websites, or web ‘handles’ (collectively, the “Sites”) provided by New Vision Nutrition, LLC. or our subsidiaries or other affiliates (collectively, “New Vision Nutrition,” we,” “our” or “us”), you agree to be bound by these Terms and all of the terms included herein by reference. If you do not agree to these Terms, you may not use or access the Sites or receive, order, or use the meals or other products made available through the Sites (collectively, known as the “Products”).
By continuing to access or use the Sites or purchase, order, receive, or use the Products, you confirm your acceptance of the “Terms of Use” in its entirety and all of the terms incorporated therein by reference. We strongly encourage that you frequently review these Terms, so that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites, or purchase, order, receive or use the Products.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us including but not limited to any products, services, or agreements. If you are using the Sites on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you such person or entity violates these Terms.
1. Age Requirement
The Sites are not intended or targeted toward for use by anyone under the age of 18.
By using the site you represent and warrant that you are
(I.) 18 years of age or older (II.) Have not been suspended or removed from the Sites (III.) A legal resident of the United States (IV.) Have not engaged in any activity that could result, or warrant suspension or removal from the Sites (V.) Do not have more than one New Vision Nutrition account (VI.) Have full power and authority to enter into these Terms and in doing so will not violate any other agreements to which you are a party.
2. Privacy Policy
Refer to our Privacy Policy for information, which may include how we disclose, collect, use, and interpret information about you.
3. Governing Law
These Terms, your access to and use of the Sites and your order, receipt and use of the Products shall be governed by and constructed an enforced in accordance with the law of the State of New Jersey, without regard to conflict of law rules or principles (whether of the State of New Jersey or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of New Jersey. If not applicable, matters shall be resolved in the federal courts of the State of New York and the United States, respectively, sitting in the State of New York, County of New York, Borough of Manhattan.
4. Severability
If it is found that any of these Terms are unenforceable or invalid, then that term, clause, provision, or amendment will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these terms.
5. Waiver and Release of Liability
In consideration of the risk of injury while participating in Consuming Raw, Undercooked, and/or Spoiled Food, and/or contracting food poisoning, Salmonella Poisoning (the “Activity”), and as consideration for the right to participate in the Activity, you hereby, for yourself, your heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of your participation in the Activity, and do hereby release and forever discharge New Vision Nutrition, LLC., located at 634 Bergen Blvd, Ridgefield, New Jersey 07601, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that you may suffer as a direct result of your participation in the aforementioned Activity.
BY USING THE “SITES”, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE NEW VISION NUTRITION, LLC., AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST NEW VISION NUTRITION, LLC. FOR PERSONAL INJURY OR PROPERTY DAMAGE.
YOU ACKNOWLEDGE THAT THIS ACTIVITY MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS.
OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, YOU ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKOWN, IN PARTICIPATION OF THIS ACTIVITY.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision would become valid and enforceable, then said provision shall be deemed to be written, constructed and enforces as so limited.
In the event that you should require medical care or treatment, you agree to be financially responsible for any costs incurred as a result of such treatment. You are aware and understand that you should carry your own health insurance.
6. Arbitration
You and Fuel Meals agree that any dispute arising out of or related to these Terms or the Sites, Content or Products is personal to you and Fuel Meals and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Fuel Meals agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Fuel Meals agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration or on behalf of any other individual or group of individuals.
You and Fuel Meals agree that these terms affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and constructed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
7. Refund Policy
Damaged Meals
If your meals are damaged, please take a photo of the meals in question and email them to info@fuelmeals.com. We will be happy to replace those meals on your next order free of charge, or we can provide you with a coupon for the monetary value of the meals to be used towards a future order. If a meal arrives with a small incision/break in the plastic seal this is not considered damaged. Damaged meals are specifically meals that are entirely open with the contents of the meal displaced from its tray.
Spoiled Meals
Although this is very rare, in regard to spoiled packages; typically a package spoils if it is in transit for 3+ days. Email us at info@fuelmeals.com if this was the case. If your package was in transit for more than 3 days we will resend the package to you free of charge, or issue a coupon equal to the full transaction price for you to use on a future order. If our package was delayed due to our shipping partner, we ask that you always accept the package, and store the meals in the fridge immediately. If the package is refused we have no record of it ever being delivered late; which won’t enable us to resend another package.
We do not accept return shipments and we do not grant full refunds.
Canceling Orders
Once your order has been billed and is in processing we begin the process to source all of the fresh ingredients for your meals. For this reason we ask that you cancel or skip your order prior to your billing date. We do also send a reminder email the day before billing just to double check and confirm you would like the upcoming shipment. With the weekly subscription program we do have a two week minimum.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
New Vision Nutrition, LLC. (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://www.fuelmeals.com/policies/privacy-policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
Further, You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to New Vision Nutrition, LLC. or its service provider(s) for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy https://www.fuelmeals.com/policies/privacy-policy for how we treat your data.
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that buyfuelmeals and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of a variety of prepared meal solutions designed to meet the dietary and lifestyle needs of our customers. Our services include subscription-based meal deliveries that provide nutritious options tailored to fitness goals, dietary restrictions, and personal taste preferences. We also offer promotional updates, health and wellness content, and exclusive offers related to our meals and services to enhance the customer experience.. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@fuelmeals.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Penns Grove, NJ before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which New Vision Nutrition, LLC’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, 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.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
12. State Law:
Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
New Jersey: In our efforts to comply with the New Jersey telemarketing law, (as applicable to New Jersey residents), you agree that we may assume that you are a New Jersey resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a New Jersey area code. You agree that the requirements of the New Jersey telemarketing statute do not apply to you, and you shall not assert that you are a New Jersey resident, if you do not meet this criteria or, in the alternative, do not affirmatively advise Us in writing that you are a New Jersey resident. Insofar as you are a New Jersey resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from you (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute an “unsolicited telemarketing sales call” or “telemarketing sales call” for purposes of New Jersey Statute Title 56, Chapter 8 (including but not limited to section 56:8-128.), to the extent the law is otherwise relevant and applicable. Additionally, in efforts to comply with section 56:8-128, we will state Our company name (or any D/B/A of Ours) at the start of every message We send to you.
Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.
Oklahoma: We endeavor to comply fully with the Oklahoma Telephone Solicitation Act of 2022 as applicable. For purposes of compliance, you agree that we may assume that you are an Oklahoma resident and are currently located in the state of Oklahoma if, at the time of opt-in to Program, the area code for the phone number used to opt-into the Program is an Oklahoma area code. If the area code for the phone number used to opt-into the Program is not an Oklahoma area code, or, in the alternative, if you do not affirmatively send written notice to Us advising that you reside or are currently located in Oklahoma, You agree that the requirements of the Oklahoma Telephone Solicitation Act do not apply to you, and further agree that you will not assert that you are an Oklahoma resident, nor assert you are located in the state of Oklahoma at the time of receiving a communication from Us. Insofar as you are an Oklahoma resident or are otherwise subject to the laws of Oklahoma, you agree: (1) that mobile messages sent by Us in direct response to any form of messages or requests from You (including but are not limited to responses to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Oklahoma Statutes Title 15 (including but not limited to sections 775C.1, 775C.2, 775C.3, 775C.4 and 775C.5), to the extent the law is otherwise relevant and applicable; (2) that you have only opted-in to the Program with one phone number and that We can rely on the fact that mobile messages sent to any other phone number are being sent to other persons; and (3) that you will opt-out of the Program prior to any termination of the phone number used to opt-into the Program and that without such opt-out we can rely on the fact that messages sent to the number are sent to you with your consent as described above.
13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
