NEW ORDER DEADLINE: Order on or before 11/24/19 at 7PM PST for 12/2/19 delivery/shipment!

0

Your Cart is Empty

Terms of Use

Please read this Terms of Service (“Agreement”) carefully before using any of the products or services provided by Mother of Macros Meal Prep Services (“Company”). By using this website and the products of Company, you are agreeing to all the terms contained herein. If you do not agree to this Agreement, your only recourse is to not use the website or services of Company. Our Privacy Policy is incorporated by reference into this Agreement.

1) Ordering and Delivery Policy

Ordering: You must place your order on Thursday in advance of when you want to accept delivery (e.g. for 8/5/2018 delivery, you must order no later than 1:59PM PST the preceding Thursday 8/2/2018).

Perishable Contents/Refrigeration/Preparation Instructions: Each delivery is made in a small cooler bag containing ice packs. Its contents are perishable and must be refrigerated immediately. Upon delivery, you are responsible for the maintenance of your meals and their preparation; we do not assume any liability for the failure to refrigerate contents promptly or properly after delivery, or the failure to properly prepare meals per heating or other instructions provided.

Container Returns/Charges: Your meals will arrive on ice in a cooler bag. We'll pick up the previous delivery's cooler bag with ice packs when we make your next delivery. We require that you leave the cooler bag with ice packs outside your door, in a secure area (notify us if the area is not secure).

You will be charged a non-refundable, one-time cooler bag fee of $25.00. You agree that if you do not return all cooler bags with ice packs by the end of each delivery week, you will be automatically charged an additional $25.00. Cooler bags and ice packs are not considered "returned" until they are in our physical possession.

Delivery Area: Mother of Macros provides local delivery to homes across Reno/Sparks, Nevada. If your home or workplace falls outside this area, please utilize our national menu, which includes free nationwide delivery.

We do NOT disturb, call or text customers while delivering, and it is your responsibility to provide us in advance of your start date with a code, key or FOB if one is required for property access.

Drop-Off Orders: If you have agreed to allow us to drop off your meals (i.e. without a representative of Mother of Macros personally handing the delivery to you or your designee), delivery shall be deemed complete and received by you upon drop-off. Once the delivery has been dropped off, we will not be responsible for misplacement or theft of the delivery.

2) Pricing, Billing Policy and Cancellation

Meal Prices: Meal-plan pricing varies, please see our Meal pages or contact us for detailed pricing information. Prices are subject to change uniformly for all customers. When new pricing is posted to our website, you agree that you shall have been notified of changes and that they shall be applicable to you.

Delivery Charges: Effective June 1, 2018 local meal delivery local meal delivery fees are included with your 6 meal minimum purchase. 

Discounts: Please call us about group and corporate-discount pricing and to confirm other discount pricing. Our discount policy is subject to change uniformly for all customers. When new discount terms are posted to our website, you agree that you shall have been notified of changes and that they shall be applicable to you.

3) Medical Considerations

YOU MUST CONSULT YOUR DOCTOR IF YOU ARE ON MEDICATION; FURTHERMORE, MEAL PLANS ARE NOT MEANT TO REPLACE OR SUPERSEDE DOCTOR-PRESCRIBED DIET PLANS.

Medication/Doctor-Prescribed Diet Plans: If you are taking medication, you must consult your physician before you start our meal programs. Mother of Macros's programs do not replace a physician's advice; if you are using our meal plans as part of a doctor-prescribed diet, you shall be ultimately responsible for ensuring compliance with such diet. Furthermore, if you have diabetes or other medical conditions of any kind, you shall be responsible for maintaining your diet to ensure compliance with the requirements of such conditions. Our meal recommendations shall not be deemed medical advice.

Food Sensitivities and Allergies: YOU ARE RESPONSIBLE FOR DETERMINING WHETHER ANY FOOD ALLERGIES MAY OCCUR. Although we will provide ingredient lists as and when requested, Mother of Macros is not responsible for any allergic or other adverse reactions you might have to our food.

Company does not provide weight loss management or medical advice. Company is not a medical organization and our staff cannot give you medical advice or diagnosis. You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen. The contents of Company websites, such as text, graphics, interactive tools, images and other material contained on the site (“content”) are for informational purposes only. The content or any nutritional advice received is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. All nutritional advice provided by Company is for educational purposes only.

All nutritional advice should be taken at the discretion and risk of the customer/visitor. Reliance on any information provided on Company websites, including information posted by other visitors to the sites, is solely at your own risk. Nutritional advice is subject to constantly evolving knowledge in relation to health science, nutritional science and sports science. Although we base our trainings and nutritional tips on current studies and knowledge, we do not guarantee that these reflect the most up to date research findings or knowledge. All educational content is intended for generally healthy people above the age of 18. We cannot guarantee any results such as weight loss, lean mass gain, or muscle gain from our products or website.

4) Registration, Account and Communication Preferences

In order to access and use certain areas or features of the Sites, you will need to register for a Mother of Macros account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.

By creating a Mother of Macros account or signing up for our newsletter, you also consent to receive electronic communications from Mother of Macros (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

SERVICES

Company is in the business of providing food preparation services (“Services”) to individuals and businesses (“Customers”). Customers may engage Company for Services by contacting info@motherofmacros.com

ACCOUNT INFORMATION FROM THIRD PARTY SITES.

Through the Service, you may direct Company to retrieve certain information maintained online by third-party financial institutions or providers with which you have a customer relationship, maintain accounts or engage in financial transactions (“Account Information”). You agree to provide your username, password, PIN and other log-in information and credentials necessary to access your account with such institutions or providers (“Access Information”), and you hereby grant Company permission to use the Access Information and Account Information for the purposes contemplated by this Agreement.

By using the Service, you expressly authorize Company to access, store and use your Account Information maintained by identified third parties, on your behalf as your agent. You hereby authorize Company to store and use your Access Information to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit Account Information. This may include, without limitation, monitoring your usage (including the location of relevant clicks and links) of such third party sites (when accessed through the Service) solely to facilitate such compatibility and our contemplated access to your relevant Account Information in connection with the Service. For purposes of this Agreement, you grant Company a limited power of attorney, and appoint Company as your attorney-in-fact and agent, to access third party sites using Access Information, and to retrieve, store and use your Account Information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person solely in connection with Company’s provision of the Service.

YOU ACKNOWLEDGE AND AGREE THAT WHEN COMPANY ACCESSES AND RETRIEVES ACCOUNT INFORMATION FROM THIRD PARTY SITES, COMPANY IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You acknowledge and agree that the foregoing does not imply sponsorship or endorsement by any third party services accessible through the Service. You represent and warrant that neither the foregoing (or anything else in this Agreement) nor your use of the Services will violate any agreement or terms to which you are subject, including without limitation, those with respect to any third party site or service.

Through the Service, you may direct Company to retrieve certain information maintained online by third-party financial institutions or providers with which you have a customer relationship, maintain accounts or engage in financial transactions (“Account Information”). You agree to provide your username, password, PIN and other log-in information and credentials necessary to access your account with such institutions or providers (“Access Information”), and you hereby grant Company permission to use the Access Information and Account Information for the purposes contemplated by this Agreement.

By using the Service, you expressly authorize Company to access, store and use your Account Information maintained by identified third parties, on your behalf as your agent. You hereby authorize Company to store and use your Access Information to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit Account Information. This may include, without limitation, monitoring your usage (including the location of relevant clicks and links) of such third party sites (when accessed through the Service) solely to facilitate such compatibility and our contemplated access to your relevant Account Information in connection with the Service. For purposes of this Agreement, you grant Company a limited power of attorney, and appoint Company as your attorney-in-fact and agent, to access third party sites using Access Information, and to retrieve, store and use your Account Information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person solely in connection with Company’s provision of the Service.

YOU ACKNOWLEDGE AND AGREE THAT WHEN COMPANY ACCESSES AND RETRIEVES ACCOUNT INFORMATION FROM THIRD PARTY SITES, COMPANY IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You acknowledge and agree that the foregoing does not imply sponsorship or endorsement by any third party services accessible through the Service. You represent and warrant that neither the foregoing (or anything else in this Agreement) nor your use of the Services will violate any agreement or terms to which you are subject, including without limitation, those with respect to any third party site or service.

Governing Law: This Agreement shall be construed and governed in accordance with the laws of the United States and the State of Nevada. Disputes: Any dispute relating in any way to the use of our meal plans or to products you purchase through this website shall be submitted to confidential arbitration in Reno, Nevada, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, or as necessary to collect unpaid amounts payable, we may seek relief (including injunctive or other appropriate relief) in any state or federal court in Nevada. You consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules of Jerry Carr Whitehead Mediation (www.whiteheadmediation.com). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

No Waiver: The failure of either party to enforce any rights granted hereunder or to take any action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

Complete Agreement: This Agreement constitutes the entire understanding between you and Mother of Macros, LLC with respect to the use of the meal plans and other services offered on this website, or otherwise through Mother of Macros and its associated and affiliated offices, businesses, service providers, and it supersedes any prior or contemporaneous proposal, representation, or understanding between the parties, written or oral, regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized representative of Mother of Macros.

RESERVATION OF RIGHTS.

Company. Company expressly reserves all rights in the Service and all other materials provided by Company hereunder not specifically granted to Customer. It is acknowledged that all right, title and interest in the Service and all other materials provided by Company hereunder, any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Company (or third party suppliers, if applicable) and that the Service and all other materials provided by Company hereunder are licensed on a service basis and not “sold” to Customer. Names, logos, and other materials displayed on the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of Company or other entities. Customer is not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Company or those other entities. Any use of third party software provided in connection with the Services will be governed by such third parties’ licenses and not by this Agreement.

Customer. Customer expressly reserves all rights in any information, records, files or other data that Customer (or Customer Personnel) loads, enters into, or otherwise makes available to Company or the Service and all results from processing such data, including compilations, and derivative works thereof ( “Customer Data”), except that Customer grants Company a perpetual, non-exclusive, world-wide, royalty free, fully sublicenseable, fully paid-up license to use, reformat, modify, display, perform, reproduce, and create derivative works of the Customer Data: (i) in providing the Service to Customer or (ii) in connection with Company’s internal business purposes. Unless specifically agreed in writing, each Party’s rights under this clause (b) extend to any update, adaptation, translation, customization or derivative work of Customer Data, made under this Agreement.

CONFIDENTIAL AND PROPRIETARY INFORMATION.

To the extent Confidential Information is disclosed, the Company and Customer shall protect the secrecy of the Confidential Information with the same degree of care as it uses to protect its own confidential information, but in no event with less than due care, and shall not disclose Confidential Information to anyone except as required by law. Upon termination of the Contract, each party shall return all confidential information to its rightful owner as promptly as possible.

This Agreement does not give Customer any rights in Company’s intellectual property or technology. Company and related trademarks and logos are the exclusive property of Company. Company and Customer agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar Company from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.

DISCLAIMER OF WARRANTY

The Services provided under this Agreement are provided on an as is, as available basis. Company does not make any warranties that the Services will be successful or error free; nor do they make any warranties as to the results that may be obtained from the purchase of the Services as to accuracy, reliability or content of any information, services or merchandise contained in or provided through the services.

WE ARE NOT LIABLE AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

LIMITED WARRANTY

Company represents and warrants to Customer that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by Company generally to its other Customers for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions.

The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of Company’s reasonable control; (b) that resulted from any actions or inactions of Customer or any third parties; or (c) that resulted from Customer’s equipment or any third-party equipment not within the sole control Company. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY OFFER PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WE HEREBY EXPRESSLY DISCLAIM THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY PRODUCT OR SERVICE PROVIDED TO CUSTOMER HEREUNDER IS PROVIDED “AS IS” WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.

LIMITATION OF LIABILITY

EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.

The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other Terms of Service theory (including strict liability), other than claims based on fraud or willful misconduct.

Notwithstanding anything to the contrary in this Agreement, Company maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the purchase of the offer which gave rise to such damages, losses and causes of actions.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.

INDEMNIFICATION

Customer agrees to indemnify, defend and hold harmless Company and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to Customer’s purchase of the offer, (ii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iii) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.

MISCELLANEOUS

Independent Contractor. Company and Customer are independent contractors and nothing contained in this Agreement places Company and Customer in the relationship of principal and agent, master and servant, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

Headings. The headings herein are for convenience only and are not part of this Agreement.

Entire Agreement; Amendments. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of Customer or Company, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of Customer and Company. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by Company in its sole discretion, which modifications will be effective when posting to Company Web site or on any subsequent date as may be set forth in any required notice provided by us in connection therewith.

Severability. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Notices. All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties’ signatures. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. Company may give written notice to Customer via electronic mail to the Customer’s electronic mail address as maintained in Company’s billing records.

Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

Assignment; Successors. Customer may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of Company. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Company may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Limitation of Actions. No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.

Violation of the Terms. You understand and agree that in the sole discretion of Company and without prior notice, Company may terminate your access to the Site, cancel your order or exercise any other remedy available and remove any unauthorized User Content, if Company believes that the User Content you provided has violated or is inconsistent with these Terms of Use violated the rights of Company, another User or the law. You agree that monetary damages may not provide a sufficient remedy to Company for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. Company may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. Company is not required to provide any refund to you if you are terminated as a User because you have violated these Terms of Use.

Copyright Policy. We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the Content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or it agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users’ rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a user’s rights to use or access to the Site prior to that time if we believe that the alleged infringement has occurred

Links. The Site may automatically produce search results that reference or link to third party sites throughout the global Internet. Company has no control over these sites or the content within them. Company cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Company 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. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Company for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us, and we will investigate your claim and take any actions we deem appropriate at our sole discretion.

INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEBSITE.

Join our vip list