AGREEMENT

By using E2M Kitchen, you agree to the terms contained herein and the terms of our Privacy Policy. If you do not agree, please do not use E2M Kitchen Services. We reserve the right to change this Policy without prior notice. We may revise these Terms at any time. Your continued usage of E2M Kitchen will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided by E2M Kitchen 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 E2M Kitchen Services for any reason.

PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH E2M KITCHEN 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 E2M Kitchen Services in any manner. By visiting E2M Kitchen 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 E2M Kitchen Services in a manner consistent with all applicable laws and regulations.

TERMS Of USE

TRADEMARKS

E2M Kitchen and other marks indicated on our site are trademarks owned exclusively by E2M Kitchen. The use of these trademarks and trade dress is prohibited if used in connection with the sale of any product that is not E2M Kitchen, in any manner that seeks to disparages or discredit E2M Kitchen or in any manner that may cause confusion among our customers.

COPYRIGHT

All content on this website is the exclusive property of E2M Kitchen. 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 E2M Kitchen 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. E2M Kitchen 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

E2M Kitchen 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 E2M Kitchen. 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 E2M Kitchen. You are prohibited from using meta tags or any other hidden text utilizing E2M Kitchen’s name or trademarks without the express written consent of E2M Kitchen. Any unauthorized use of this websites voids the limited license granted by E2M Kitchen and may subject the user to legal liability.

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 E2M Kitchen 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 E2M Kitchen or its affiliates for all claims resulting from content you supply. E2M Kitchen reserves the right to remove any content at our sole discretion. E2M Kitchen 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 E2M Kitchen affiliated site.

Additionally, E2M Kitchen is not responsible for, and does not endorse, any content posted by any user of the E2M Kitchen websites who is not clearly and unequivocally affiliated with E2M Kitchen. Under no circumstance with E2M Kitchen be held liable for any alleged loss or damage caused by any third party based on or in connection with any alleged reliance on any content posted by an unaffiliated third party. If you believe that a user of any E2M Kitchen Services site is misusing the site, please contact us directly.

E2M Kitchen 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. E2M Kitchen 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.

SAFETY

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 or other 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 by E2M Kitchen. Any physical activity can pose health risks to anyone, regardless of health.

Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, E2M Kitchen, 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 through E2M Kitchen or its affiliates. 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 E2M Kitchen LLC 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 E2M Kitchen 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 E2M Kitchen and its subsidiaries and affiliates, are not providing medical advice. You expressly agree that E2M Kitchen 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 E2M Kitchen, and its subsidiaries or affiliates, by your voluntary usage of this website and/or mobile application.

WARRANTIES

The E2M Kitchen website, and any E2M Kitchen subsidiary or affiliated website, it provided on an “as is” basis. E2M Kitchen makes no warranty as to any guaranteed reliability, accuracy, timeliness, usefulness, adequacy, or suitability of their Website. E2M Kitchen, cannot and will not warrant against machine or human error, delays, omissions, or potential loss of data. E2M Kitchen 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. E2M Kitchen cannot warrant or guarantee that this website and its services will be uninterrupted or completely error free at all times.

LIMITATION OF LIABILITY

E2M Kitchen ‘s entire liability and your exclusive remedy in relation to any actual or perceived dispute with E2M Kitchen is to discontinue usage of the E2M Kitchen website. E2M Kitchen, 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, E2M Kitchen 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 E2M Kitchen, and any of its subsidiaries or affiliates, from and against, and covenant not to sue any such E2M Kitchen 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 E2M Kitchen, 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, E2M Kitchen 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.e2mkitchen.com) or announced via other means of communication in conjunction with the promotion of the E2M Kitchen 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. Discounts may be used on orders up to $300. E2M Kitchen, 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. We are a hardworking team, and we appreciate your cooperation!

TERMS OF SALE

E2M Kitchen sells Chef created 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 the member has selected. Pricing for meals and memberships can be found on the meal selection page and at checkout. Members may view or customize the meals in each shipment 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 E2M Kitchen 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 according to the estimated delivery dates shown during checkout. We charge a flat rate $19.99 shipping to most states within the United States, however reserve the right to charge shipping fees as needed with notice. We primarily use FedEx, GLS, and UPS deliveries, subject to change. Sorry but we cannot ship to P.O. Boxes.

Meals are shipped weekly. All deliveries are made between Tuesday and Friday, and you will receive an email with your tracking information once your order has processed for shipping. For any questions or concerns regarding delivery, please contact customer service.

A package might be returned as undeliverable for several reasons:

The address is incorrect or outdated. Usually, the package is stored for a period that can vary depending on the courier who holds it and then returns it to us. Double-check the address carefully when placing your order. You can edit your shipping address from within your subscription dashboard.

Our system doesn't recognize the way an address was entered, or the package was assigned to a carrier that can't deliver to that address.

You used a restricted address. If you send the order to a prison, correctional facility, or other similar institution, the products and/or the carrier responsible for delivery may be subject to specific restrictions.

The carrier attempted delivery but failed. Most of our carriers make more than one attempt to deliver a package. If they find that they can't successfully deliver your package, they'll return it to us.

The recipient refused the delivery. A gift recipient who isn't expecting a gift may refuse a package if they believe it's being delivered to them by mistake. In this case, we'll refund the gift purchaser and let them know by email. If you want to place a new order for the gift, you may want to let the recipient know that a surprise is on the way.

The address was illegible. In rare cases, address labels may become impossible to read in transit. If that happens, a carrier will return the package to us.

The package was damaged in transit. If a package is damaged while it's on its way to you, the carrier may return it without attempting delivery.

We can't re-ship orders that carriers return to us as undeliverable. If you still want to purchase items that were undeliverable, place a new order on our website.

LATE DELIVERIES

Although this is very rare, in regard to spoiled packages; typically, a package spoils if it is in transit for 4 days or more. Contact our Customer Support immediately if this is the case. If your package was in transit for more than 4 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.

Possible reasons for late delivery include the following:

Incorrect address
Missing apartment, building, floor, or unit number
Severe weather conditions

The recommended actions if your package has been in transit 4 days or more are:

• Contact Customer Support Immediately
• Track your package and confirm estimated delivery date in My Account. Confirm your shipping address in My Account. To avoid delivery problems, keep your address information up to date and add delivery instructions to Shipping Address.
• Check payment processing in My Account.
• Wait 48 hours to allow for unexpected delays.

RETURN/REFUND POLICY

Due to the perishable nature of our product, we are unable to accept returns. In the event you receive an incorrect or damaged order, we will replace or refund the incorrect or damaged product. Damaged products are defined as meals that are entirely open with the contents of the meal displaced from its tray. In the event your meals are in transit 4 days or more and spoil, we will replace or refund the order. You must contact customer support within 12 hours to be eligible for replacement or refund or spoiled meals. Photographic evidence will be required for all potential replacement or refund orders.

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.

E2M Kitchen 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.

E2M Kitchen 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 E2M Kitchen are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

CHANGES TO MEMBERSHIP; PAUSING SHIPMENTS; 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, E2M Kitchen 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. During the Pause Period, Members will remain a member of E2M Kitchen, continue to receive communications from E2M Kitchen 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. You may cancel from within your account dashboard at any time. 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 E2M Kitchen through other channels may take up to five (5) business days to process. If you have any problems, please email us at support@e2mkitchen.com.

DISPUTE RESOLUTION - ARBITRATION

Nearly any concern you may have with E2M Kitchen 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 E2M Kitchen 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 E2M Kitchen agree that any arbitration will occur in the State of North Carolina, County of Mecklenburg, 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 North Carolina in the County of Mecklenburg.

You agree to arbitration on an individual basis. Neither you as the customer or E2M Kitchen 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 AND AUTO DAILED CALLS/TEXTS:

By contacting E2MKitchen.com online and sharing your telephone number with Company, you expressly agree to receive information, including confirmation of purchases, and offers via telephone call, email and text/SMS message (including through the use of an automatic telephone dialing system or artificial/prerecorded voice, SMS or MMS (text) messages, even if your telephone number(s) is/are currently listed on any state, federal or corporate Do Not Call list). Standard text message rates and cellular data charges apply. You may opt-out of our communications by replying “stop” to any message that you receive.

ENTIRE AGREEMENT

These Terms and Agreement and our Privacy Policy constitute the sole and entire agreement between you and E2M Kitchen with respect to the website (www.e2mkitchen.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 E2M Kitchen 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:

E2M Kitchen, LLC
1907 Gateway Blvd
Charlotte, NC 28208
support@e2mkitchen.com