TERMS OF SERVICE

 

Thank you for choosing Trifecta Nutrition, Inc (referred to as “Trifecta” “we” “our” or “Company”). This Terms of Service (“Terms”) applies to Trifecta’s websites (including www.trifectanutrition.com), branded pages on third party platforms (i.e., social networking services), mobile applications, and our direct marketing campaigns or other online communications (collectively, “Trifecta Services”) and governs your purchase of products or services sold through the Trifecta Services.

AGREEMENT 

By using Trifecta Services, you agree to the terms contained herein and the terms of our Privacy Policy. If you do not agree, please do not use Trifecta Services. We reserve the right to change this Policy without prior notice. Trifecta may revise these Terms at any time. Your continued usage of the Trifecta Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on the Trifecta Services are protected by law, including, but not limited to, United States copyright laws and international treaties. The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the Trifecta Services for any reason.

 

PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH TRIFECTA ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION BELOW. PLEASE READ IT CAREFULLY.

 

ELIGIBILITY

You must be 18 years of age or older to visit or use the Trifecta Services in any manner. By visiting the Trifecta Services or accepting the Terms, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to the Company that you will use the Trifecta Services in a manner consistent with any and all applicable laws and regulations.

 

TERMS Of USE

TRADEMARKS

Trifecta and other marks indicated on our site are trademarks owned exclusively by Trifecta The use of these trademarks and trade dress is prohibited if used in connection with the sale of any product that is not Trifecta’s, in any manner that seeks to disparages or discredit Trifecta or in any manner that may cause confusion among our customers.

COPYRIGHT

All content on this website is the exclusive property of Trifecta. Said content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States and international copyright laws and we reserve all rights contained therein. In case of dispute or infringement, we will rigorously defend our rights to this material.

PROTECTING YOUR ACCOUNT

If you use Trifecta Services, you may have a username and passwords. You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account. You agree to accept responsibility for all activities that occur under your account or password. Trifecta Services reserves the right to refuse service, terminate accounts or memberships, remove or edit content, or cancel orders or shipments in its sole discretion.

LICENSE AND SITE ACCESS

Trifecta grants you (the user) a limited, nonexclusive, nontransferable, nonsublicenseable license to access and make personal use of this website. This license does not include the right to distribute or publicly display any content on the website, modify or otherwise make any derivative use of the content on the website, download any material (other than routine page caching), modify any material, or any portion thereof, without the express written consent of Trifecta. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of Trifecta. You are prohibited from using meta tags or any other hidden text utilizing Trifecta’s name or trademarks without the express written consent of Trifecta. Any unauthorized use of this websites voids the limited license granted by Trifecta and may subject the user to legal liability.

MOBILE APPLICATION LICENSE

Trifecta hereby grants you a limited, personal, non-exclusive, nontransferable, nonsublicenseable, revocable license to use our mobile applications downloaded from a legitimate marketplace, solely in object code format and solely for your personal use for strictly lawful purposes.  With respect to any open source or third-party code that may be incorporated in the applications, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing the use of such code.  

CONTENT SUBMITTED BY SITE USERS

If you do post content to this site or otherwise submit material (including, but not limited to, photographs and testimonials), you grant Trifecta and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You may not post or distribute content that is illegal or that violates these Terms and Conditions. By your submission you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content does not infringe on any copyright or any other third-party right nor violate any applicable law or regulation; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Trifecta or its affiliates for all claims resulting from content you supply. Trifecta reserves the right to remove any content at our sole discretion. Trifecta is not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other use of this site, or any Trifecta affiliated site.

Additionally, Trifecta is not responsible for, and does not endorse, any content posted by any user of the Trifecta websites who is not clearly and unequivocally affiliated with Trifecta. Under no circumstance with Trifecta be held liable for any alleged loss or damage caused by any third party based on or in connection to any alleged reliance on any content posted by an unaffiliated third party. If you believe that a user of any Trifecta site is misusing the site, please contact us directly.

Trifecta may, on occasion, display content, advertisements, and promotions from third parties through the websites or included in a shipment. We do not control, endorse, or adopt any content made by a third party. Trifecta makes no representations or warranties of any kind regarding this content created by third parties, including, but not limited to, regarding its accuracy. You acknowledge and agree that any interaction with a third party who is providing content is exclusively between you and the third party.

PHYSICAL ACTIVITIES AND SAFE DIETING

Trifecta wants you to eat right, lose weight, gain muscle, and train hard, but we want more than anything for you to do it safely. IT IS YOUR RESPONSIBILITY TO TRAIN SAFELY. Trifecta wants you to succeed but our information and services are provided strictly for informational purposes only and we cannot be held liable if you get injured, or something goes wrong. IMPORTANTLY, while much of our content is submitted by professional athletes in the Trifecta community, no one can be responsible for your safety and wellbeing besides you. Any exercise or nutrition tip offered on our Trifecta Services should never be at the expense of your knowledge and judgment about your body, or actual medical device from your medical professional.

BE SAFE: Our utmost priority is always our customers’ safety. You should always consult with a medical professional or healthcare provider and fully consider all risks before undertaking any exercise or service offered here related to any physical activities, or nutrition and dieting program. By using the services and information offered on our website and mobile application, you agree, represent, and warrant that you have received consent from your medical professional and are in good physical health to participate. Everyone is different, and participating in any diet, exercise, physical activity, or utilizing exercise and nutrition advice is done at your own risk. You agree that you are utilizing the services and information on our website and/or mobile application based on your own free will. You knowingly and voluntarily assume all risks associated with any of the services provided on the Trifecta Services. Any physical activity can pose health risks to anyone, regardless of health.

Trifecta is not responsible for any for any inspection, supervision, preparation, execution or conduct of any of the services that are provided via the Trifecta Services. Trifecta makes no warranties or representations about the accuracy or completeness of the exercises or physical activities available or provided by a third party contributor. ALWAYS PUT YOUR SAFETY FIRST.

Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, Trifecta, and its subsidiaries and affiliates, are not responsible or liable, directly or indirectly, for any possible or actual injuries or damages that you sustain from your physical activities, or your use or improper use of the information available on the Trifecta Services. This includes any third party provided content available through a third party application, website, or user generated content. You expressly agree that, to the maximum extent permitted by applicable law, you agree that Trifeca, Inc. and its subsidiaries and affiliates are not responsible and will not assume responsibility, for any third party activity, regardless if access to such activity is made possible through the use of the Trifecta Services.

You understand and agree that the information provided on the website and/or mobile application is not, and is not intended to be, professional medical advice. The information provided on the website and/or mobile application is not intended to be used as professional medical advice, and is not intended to diagnose, treat, cure, or prevent any injury or disease. You expressly agree that Trifecta and its subsidiaries and affiliates, are not providing medical advice. You expressly agree that Trifecta and its subsidiaries and affiliates is not confirming or endorsing the advice of any third party contributor. You are responsible for your own physical and medical care. Any information or advice available on the website and/or the mobile application is not intended to, and should never be used in place of, the actual advice of your physician or medical professional. We are not responsible for any health problem that may arise or result from any exercise, diet, nutritional information, product, consultation, event, or service made available on the website and/or mobile application. In the event you encounter or health or medical issue, please immediately contact your physician or other medical provider immediately. No healthcare professional relationship is created between you and Trifecta, and its subsidiaries or affiliates, by your voluntary usage of this website and/or mobile application.   

WARRANTIES

The Trifecta website, and any Trifecta subsidiary or affiliated website, it provided on an “as is” basis.  Trifecta makes no warranty as to any guaranteed reliability, accuracy, timeliness, usefulness, adequacy, or suitability of their Website.  Trifecta, cannot and will not warrant against machine or human error, delays, omissions, or potential loss of data.  Trifecta cannot and does not guarantee that any potential download from this website, or any affiliated website, will be free of any computer based virus, Trojan horse, worm, or computer code that may result in a contamination of a third-party machine.  Trifecta cannot warrant or guarantee that this website and its services will be uninterrupted or completely error free at all times.    

LIMITATION OF LIABILITY

Trifecta’s entire liability and your exclusive remedy in relation to any actual or perceived dispute with Trifecta is to discontinue usage of the Trifecta website. Trifecta, and any of its subsidiaries or affiliates, shall not be liable for any direct, indirect, special, incidental, consequential, or exemplary damages resulting from your use of the website, or for any other allegation or claim related in any way to your use of the website. These exclusions for damages include, without any limitation, damages for unforeseen health issues, lost profits, lost data, work stoppage, computer failure or malfunction, or any other potential commercial damage or loss. In any state or jurisdiction that does not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Trifecta and its vendors, subsidiaries, and affiliates’ liability shall be limited to full extent permitted by law.

To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, and forever discharge Trifecta, and any of its subsidiaries or affiliates, from and against, and covenant not to sue any such Trifecta party for, all claims you have or may have arising out of or in any way related to these Terms. If you are a California resident, you hereby waive your rights under California Civil Code Section 1542, which states “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

INDEMNIFICATION

You agree to indemnify, defend, and hold Trifecta, its officers, directors, employees, agents, licensors, suppliers, subsidiaries, and affiliates harmless from and against any claims, actions, demands, damages, awards, judgments, liabilities, and settlements including, without limitation, reasonable legal fees, expenses, and costs resulting from, or alleged to result from your violation of these Terms, or any use by you of this website in any manner other than as expressly authorized in these Terms.  

REDEMPTION OF FREE PRODUCT AND COUPON OFFERS

From time to time, Trifecta offers its clients special offers and discount codes to be used in conjunction with this website. These offers are frequently disseminated via this website and through email to those who have registered for our email database. They are sometimes posted on our home page (www.trifectanutrition.com) or announced via other means of communication in conjunction with the promotion of the Trifecta product collection, including radio and TV broadcasts, internet forums and various online websites.

We encourage our clients to redeem these special offers, but we respectfully ask that you not exploit them. Trifecta, at our sole discretion, will determine if all purchasing criteria has been met to qualify for stated discount or free product. If you successfully circumvent the software safeguards of this website in order to receive several free products with your order, then we will (at our sole discretion) remove any extraneous free product from your order or cancel the order in its entirety. You will be informed of any order changes via the phone number or email address listed with your order. Please, play fair…

TERMS OF SALE
Trifecta sells expertly crafted food (“Meals”) to end-user customers who purchase a recurring plan (“Members”) to have the Meals shipped weekly to the address of the choosing (the “Membership”). The price that we will charge for the Meals may be based on a tiered pricing structure that depends on what Meals a Member has chosen and the number of Meals she/he has selected. Pricing for Meals and Memberships can be found on the Trifecta Services. Members may view or customize the Meals in each shippment by visiting their account page. We reserve the right to change a Meal’s price or the tiered pricing structure at any time, with appropriate notice to you.
PROCESSING ORDERS

If any problems arise with your order, or with the shipping address or Payment Method associated with your Membership, and Trifecta is unable to resolve the problem, we may notify you via e-mail using the address associated with your Membership. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled and we may not be able to process future Meals until the problem has been resolved.

SHIPPING POLICY

Please be assured that your first shipment of Meals will be shipped out within 3-7 business days of purchase based on the day of the week the order was placed. We offer free shipping to anywhere within the United States. We currently use FedEx for all deliveries, subject to change. Sorry but we cannot ship to P.O. Boxes. 

Meals are shipped weekly. All deliveries are made on Fridays so you will receive an email with your tracking information on the Thursday prior. For any questions or concerns regarding delivery, please call customer service at (530) 564-8388 as soon as possible since the meals are perishable if left in transit too long.

RETURN POLICY

We offer a money back guarantee on our meals. If you are not 100% satisfied with your first order, you get a full refund up to 10 meals or $119 for a la carte meals. Please call customer service at (530) 564-8388 within 10 days of the receipt of your delivery. Because we ship only delicious, fully cooked, healthy - but perishable - food items, we are unable to ever accept returns. However, if there is a problem with your order we are always here to make it right. On a case by case basis, and in our sole discretion, we are able to provide pro rata refunds or credit, in the event of missing items, damaged items, or incorrect meals (i.e. receipt of a paleo meal on a vegan plan etc.). We will happily reship items if possible. Trifecta may require you provide us with photographic evidence or documentation for a damaged or incorrect meal before any refund may be issued. 

RECURRING MEMBERSHIP; AUTOMATIC RENEWAL 

YOU ACKNOWLEDGE AND AGREE THAT EACH MEAL ORDER WILL AUTOMATICALLY RENEW UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.

Trifecta will automatically renew your Membership and charge your Payment Method weekly. By ordering you are authorizing and agreeing to the automatic renewal of your Meal Shipment.

Your Payment Method will be charged at least one full business day prior to your next Meal shipping date. We will charge your Payment Method with the applicable cost for your Meals, along with sales or similar taxes that may be charged with your Membership.

To avoid being charged, you must cancel your Membership in accordance with Cancellation terms below. We will continue to bill your Payment Method on a recurring basis (depending on the Membership and shipping frequency selected) until you cancel.

Trifecta reserves the right, in its absolute discretion, to withdraw or modify any Product, Membership, offering, or promotion at any time without prior notice and with no liability. Any and all Products, Memberships, offers, or promotions advertised on the Trifecta Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

CHANGES TO MEMBERSHIP; PAUSING SHIPPMENTS; ADVANCED NOTICE
By adding or changing selected Meals you are changing your Membership, and this may change the price that we will charge. Because our meals are made in advance, we require advanced notice of any changes. We require 7 days advance notice for pausing shipments and making changes to selected meals. 
 
As noted, Trifecta offers the ability to temporarily pause a Membership/Meal shipment by skipping a Meal shipment if at least 7 day’s notice is given. During the Pause Period, Members will remain active members, but they will not receive any Meals. A Member’s Membership may be placed on a Pause Period for either a one, two, or three week period. During the Pause Period, Members will remain a member of Trifecta, continue to receive communications from Trifecta via email, but will not be charged any fee for the paused weeks. Members who are in a Pause Period will resume receiving their Meals and being charged after the Pause Period is over. 
MEMBERSHIP CANCELLATION POLICY

Because we plan our meals in advance, we require 7 days advance notice for cancelling an account. To cancel, give us a call: (530) 564-8388 or email us at info@trifectanutrition.com. Cancellation requests submitted in this manner must be received at least seven (7) full business day prior to your next shipping date to avoid being charged for the Meal shipment. Cancellation requests received by Trifecta through other channels may take up to five (5) business days to process. If you have any problems, please email us at info@trifectanutrition.com

DISPUTE RESOLUTION - ARBITRATION

Nearly any concern you may have with Trifecta and our products or services can be resolved quickly, easily, and to the customer’s fullest satisfaction simply by contacting our customer service department.  In the incredibly rare situation where Trifecta is unable to resolve a complaint to your satisfaction, all parties agree to resolve any outstanding dispute through binding arbitration instead of in a court of general jurisdiction.  

All disputes or claims that arise under or related to these Terms and Conditions will be resolved by individual arbitration in accordance with the rules of the American Arbitration Association (“AAA”).  You and Trifecta agree that any arbitration will occur in the State of California, County of Sacramento, and will be conducted by a single arbitrator pursuant to AAA rules and policies.  The arbitrator shall be empowered to grant whatever relief would be available in a court of 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.  Any dispute or appeal over the enforcement of an arbitration award is subject to the exclusive jurisdiction of the state courts of California in the County of Sacramento.

You agree to arbitration on an individual basis.  Neither you as the customer or Trifecta shall be entitled to join or consolidate claims by or against other customers 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 to be unenforceable, the unenforceable provision is severable and the remaining terms shall remain enforceable.   

SMS TERMS AND CONDITIONS

If you would like to receive text messages about your Meals, account notifications, and other special offers and announcements, you may sign up by providing your consent to receive autodialed texts from or on behalf of us at the mobile number you’ve provided to opt-in. You understand that consent is not a condition of purchase. Message and data rates may apply. If you would like to unsubscribe, you can follow the instructions provided in those messages. If you have any questions, you may contact us using the below contact information. 

ENTIRE AGREEMENT

These Terms and Agreement and our Privacy Policy constitute the sole and entire agreement between you and Trifecta with respect to the websites (www.trifectanutrition.com; and shop.trifectanutrition.com), any subsidiary or affiliated site(s), and our mobile application, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the website, any subsidiary or affiliated site(s), and our mobile application. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of Trifecta to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance

If you have questions concerning the above terms, you can contact us by calling, writing, or emailing us:

Trifecta Nutrition, Inc.

428 J St #800

Sacramento, CA 95814

info@trifectanutrition.com

530-564-8388