Terms and conditions

Terms and Conditions of Use

  1. These are the Terms and Conditions which govern the use of Leroico LLC (The Lean Machine, Meal Prep) website and media pages and the sale and purchase of The Lean Machine Meals. By ordering any of our meals or using the The Lean Machine Website (ww.TheLeanMachineSD.com, you agree to be legally bound and abide by these Terms and Conditions, just as if you and The Lean Machine meal prep had signed an agreement containing these Terms and Conditions. We reserve the right, to change, modify, add or remove portions of these Terms and Conditions at any time with or without notice.
  1. PAYMENT. The Lean Machine meal prep accepts all major credit cards; Visa, American Express, MasterCard and Discover, PayPal, and e-Check. Taxes apply and may vary.
  1. MEAL / Order CHANGES. Changes to orders or meal selections must be made by the cutoff time which is every Tuesday and Saturday at 10am.
  1. CANCELLATION/REFUNDS.
    a) 100% Satisfaction Guarantee. If you are not happy with our food or we fail to deliver, meal or food credits or discounts will be issued. In case of incorrect meals or other issues, please contact: us at 619-381-5468 so we can correct the situation as soon as possible. Picked up or Delivered meals are final and may not be returned or refunded.b) All orders need to be canceled by Tuesday at 10am for Wednesday prep orders and by Saturday at 10am for Sunday prep orders. In the case of a canceled order after the appropriate cancelation time, a 50% fee will be charged and must be paid before next order is placed. If you received wrong or missing individual items you may be entitled to a discount or other adjustment. In the case of incorrect items delivered or items that are otherwise unsatisfactory due to production factors under the control of The Lean Machine meal prep, The Lean Machine reserves the right to request the item(s) to be returned. Based on the review of said items, The Lean Machine reserves the right to determine the appropriate remediation. Pricing and/or delivery fees may change without notice. Questions: If you have questions about this Refund policy, please call 619-381-5468.

 

  1. STATEMENT REGARDING FOOD ALLERGENS The eight most common food allergens are as follows: milk, eggs, peanuts and tree nuts (such as almonds, cashews, and walnuts), fish (like bass, cod, flounder), shellfish (including crab, lobster and shrimp), soy and wheat. Please be advised that some meals may contain these. If you’re allergic to any of these items, you should know that we prepare foods in our kitchens with these ingredients, and while we make every effort not to do so, we cannot guarantee that there won’t be any cross contamination with your other meals. Food allergy reactions can range from mild to severe. Please exercise caution when ordering from The Lean Machine meal prep. The Lean Machine offers some Gluten Free items but meals are not prepared in a gluten free facility. If you have moderate to severe allergies we cannot recommend The Lean Machine meal prep for you. If you have any questions regarding your food allergy, please contact us at 619-381-5468.

 

  1. NOT MEDICAL ADVICE. The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition, or fitness plan offered through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and wellbeing.

 

  1. DIABETES. Our meals are intended to meet the needs of individuals living with diabetes. They are also intended for use by minors, pregnant women, or individuals with any type of health condition, please feel free to have your physician contact us before agreeing to participate in our meal service.

 

  1. WEBSITE TERMS OF USE. If you elect to become a registered user of our Website, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data and any information you provide to us, and to keep it accurate. Without limiting any other provision of these Terms and Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of this Website, or any portion thereof by you. You agree not to assign, transfer or sublicense your rights as a registered user of this Website. You agree not to assign, transfer or sublicense your rights as a registered user of this Website. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website. The Lean Machine reserves the right to refuse our meal service to you due to certain medical conditions, including those listed above. We also reserve the right to refuse service should you violate any provision of these Terms and Conditions, or any other posted policy on the Website. The contents of this Website, including the text, graphics, images, and information obtained from The Lean Machine meal prep third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”), and any other materials are to be used for informational purposes only.

 

  1. PARENTAL OR GUARDIAN PERMISSION. You must be 18 years or older to purchase any product or service offered on or through the Website. We strongly recommend that minors under the age of 18 ask for their parent’s or guardian’s permission before viewing the Website, or ordering.

 

  1. COMMUNICATIONS. When you visit The Lean Machine website or sign up for meal prep services from The Lean Machine, and send us information for processing your order, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In addition, The Lean Machine may deliver communications (including legal notices) to you at the street address provided in your online account. Finally, The Lean Machine may deliver communications to you by any means set forth in any other Lean Machine meal prep policy or notice published on the Website.

 

  1. RESTRICTIONS ON USE OF WEBSITE. Unless otherwise specified, The Lean Machine meal prep grants you a nonexclusive, nontransferable, limited license to access, use and display the Website and the material provided thereon for your personal, noncommercial use of ordering meal prep, provided that you comply fully with these Terms and Conditions. You acknowledge that this Website contains information, data, software, photographs, videos, text, typefaces, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Content or portions of Content may be copyrighted under the United States copyright laws (and, if applicable, similar foreign laws). All trademarks appearing on the Website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on the Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership or interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior express written consent. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of The Lean Machine. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Lean Machine meal prep without our express written consent. You may not use any metatags or any other hidden text utilizing The Lean Machine name or trademarks without the express written consent of The Lean Machine. Any unauthorized use terminates the permission or license granted by The Lean Machine. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the Website so long as the link does not portray The Lean Machine, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any of The Lean Machine logos or other proprietary graphic or trademark as part of the link without our express written permission.

 

  1. YOUR ONLINE ACCOUNT. If you use our Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Lean Machine and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion in the event improper activity in violation of these Terms and Conditions is suspected or detected. Online Accounts are non-transferable. You agree to (a) maintain all equipment necessary for your access to and use of the Website; (b) maintain the security of your user identification, password, Personal Information (as defined in our Website Privacy Policy), and any other confidential information relating to your Lean Machine meal prep account; (b) notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password; (d) take responsibility for all charges resulting from use of your Lean Machine meal prep account, including unauthorized use prior to your notifying The Lean Machine of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and (e) update your Personal Information (as defined in our Website Privacy Policy), including email address, as appropriate.

 

  1. CONTACTING The Lean Machine meal prep. You may contact us by mail at Leroico, LLC, 5663 Balboa Ave. #389 San Diego, CA 92111 Attn: Customer Service (provide your first and last name, user name, and email address); or by phone direct at 619-381-5468.

 

  1. DISCLAIMERS AND LIMITATION OF LIABILITY. Users of our Website (individually and collectively, “User”) expressly agree that use of the Website is at User’s sole risk. Neither The Lean Machine, nor its parent, officers, directors, employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. The Lean Machine does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information. THE WEBSITE IS PROVIDED BY The Lean Machine ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Lean Machine MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, The Lean Machine DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL The Lean Machine OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, LOSS, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF The Lean Machine IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OTHER MATTER RELATING TO OUR WEBSITE. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE IS TO DISCONTINUE YOUR USE OF THE WEBSITE. IN NO EVENT SHALL The Lean Machine LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY The Lean Machine, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall The Lean Machine meal prep or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website’s records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise and services available through the Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law. Any product, offering, content and material downloaded or otherwise obtained through the use of this website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material. Neither The Lean Machine, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials in the Website in terms of their correctness, accuracy, reliability, or otherwise. No advice or information obtained by you from our personnel or through the Website shall create any warranty not expressly provided for in these Terms and Conditions.

 

  1. ERRORS ON OUR SITE. We try to be as accurate as possible. However, we do not warrant that product descriptions or other Site content is accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change, and may vary from those offered in our stores. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, rarely an item in our Menu may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.

 

  1. ONLINE CONDUCT. You acknowledge that all Content posted, emailed or otherwise transmitted to or on The Lean Machine meal prep Website and The Lean Machine Meal Prep social media pages (Facebook, Twitter, Google+, Instagram, YouTube, etc.), whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email, or otherwise transmit to the Website. We do not control the Postings posted, emailed or otherwise transmitted on the Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of the Website (as set forth below), you understand that by using the Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through the Website. Please refer to The Lean Machine’s Privacy Policy on our website, the terms of which are included herein by reference, for the provisions governing use of our website.

 

  1. LINKS TO OTHER SITES. The Website may reference or link to third-party sites throughout the World Wide Web. The Lean Machine has no control over these third-party sites or the content within them. The Lean Machine cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. The Lean Machine does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. The Lean Machine does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third-party website, you should carefully review such third party’s privacy statement and other terms and conditions of use. By using the Website to search for or link to another third-party site, you agree and understand that you may not make any claim against The Lean Machine for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site.

 

  1. INDEMNITY. You agree to defend, indemnify, and hold The Lean Machine and Providers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions, and your further agree that any violation by you of these Terms and Conditions shall constitute a full defense in avoidance of any claim that you may make against The Lean Machine, and that no liability may attach to The Lean Machine in case of such violation by you.

 

  1. APPLICABLE LAW. The Website is created and controlled by The Lean Machine. We reserve the right to make changes to its Website and these disclaimers, terms and conditions at any time.

 

  1. ARBITRATION AGREEMENT. Any controversy or claim arising out of or relating to this Agreement or the use of this website shall be determined exclusively by arbitration in accordance with the rules of the American Arbitration Association, by a neutral arbitrator in a location within one hundred (100) miles of User’s address where such arbitration shall be held. The decision of the arbitrator shall be final and binding. If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, the refusing party shall pay all court costs and reasonable attorney’s fees incurred in enforcing said ruling or decision of the arbitrator. The parties agree that each may bring claims against the other in arbitration only in their individual capacity, and not as a plaintiff or class member in any putative class or representative proceeding. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then it shall be severed without affecting the entirety of this provision.

 

  1. COPYRIGHTS. Copyright © The Lean Machine (The Lean Machine meal prep, www.TheLeanMachineSD.com. 2014-2016. All rights reserved. All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to The Lean Machine [or its content suppliers] and are protected by United States and international copyright law. The Lean Machine enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.

 

  1. This agreement releases Leroico LLC DBA The Lean Machine from all liability relating to illnesses/sicknesses that may occur durning and/or after consumption of our Prepared Meals. By signing this agreement, I agree to hold Leroico LLC DBA The Lean Machine entirely free from any liability, including financial responsibility for injuries incurred, regardless of whether injuries are caused by negligence.

 

  1. I acknowledge that I have informed The Lean Machine Meal Prep Staff by written email to theleanmachinemealprep@gmail.com, a list of all documented food allergies that I know of prior to ordering my meals.

 

  1. I also acknowledge the risks involved in the consumption of prepackaged meals if the instructions for keeping the meals fresh are not followed precisely. These include but are not limited to Allergic reactions to any allergy not declared prior to ordering, food borne illnesses, bacteria and food poisoning. I swear that I will put my prepared meals into a certified refrigerator that consistently holds the temperature of 41 degrees or lower within one hour of receiving meals from picking up, or within 6 hours of having them delivered, whether I am home at time of delivery or not. Meals held in these conditions will be safe for consumption for up to and including Seven Days. If meals are to be eaten after the seven day window they need to be put into a freezer within one hour of receiving meals from picking up, or within 6 hours of having them delivered. Never at anytime should a meal be heated and then re-refrigerated for consumption at a later time. If these guidelines are followed your prepared meals will always be safe for consumption. I am participating voluntarily, and that all risks have been made clear to me. Additionally, I do not have any conditions that will increase my likelihood of experiencing injuries/illnesses/allergies while engaging in this activity that I have not already made clear prior or after ordering. I will be responsible for 50% of the cost of my order if I cancel my order after the cutoff time of my orders prep day.

 

  1. By Agreeing to the terms and conditions stated above and below, I forfeit all right to bring a suit against Leroico LLC DBA The Lean Machine for any reason. In return, I will receive the order I am placing for Prepared Meals on the upcoming Prep Day before the order cutoff times listed on the site. I will also make every effort to obey safety precautions as listed in writing above to insure my meals will remain safe for consumption for the period of time stated on website and in the above text. I will ask for clarification when needed.