Welcome to Meal Plans by Rainbow Plant Life!
The legal stuff is pretty boring but we have to include it, so read below for more details. If you have questions, please email us at email@example.com.
Acceptance of Terms of Service
These Terms of Service are entered into between you and Rainbow Plant Life LLC (“Rainbow Plant Life”, “we”, “us” or “our”). These Terms of Service, together with any documents incorporated by reference (collectively, “Terms” or “Agreement”) govern your access to and use of Meal Plans by Rainbow Plant Life (the “Plans”), the Rainbow Plant Life website www.rainbowplantlife.com (the “Site”), including any content, functionality, subscriptions and services offered on or through the Site (collectively, referred to as “Services”). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING AND USING OUR WEBSITE OR ANY SERVICES.
The Services are offered and available to users who are 18 years of age. By using the Services, you represent that you are of legal age to form a binding contract with Rainbow Plant Life and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
We always welcome your feedback. If you have any questions about these Terms, please email us at firstname.lastname@example.org.
Changes to the Terms of Service
Rainbow Plant Life may change or modify these Terms at any time in our sole discretion. When we make a change or modification to the Terms, we will post the current Terms on the Site. The changes take effect when we post the Terms on the Site and shall apply to all access and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page when you access the Services so you are aware of any changes, as they are binding on you. The date of the most recent update will be indicated.
1. Accessing the Services
By accessing and using our Services, you agree to these Terms. This Agreement defines your rights and responsibilities as a user (“User”) of the Services.
2. Use of the Services; Intellectual Property
The Services and its entire contents, features and functionality (including information, text, software, scripts, graphics, pictures, data, images, displays, videos, design user-generated information, editorial and other content) (collectively, the “Content”) are owned by Rainbow Plant Life, its licensors or other providers of such Content and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We strive to ensure that all Content provided in connection with the Services is complete and accurate. Despite our efforts, the Content may occasionally be incomplete or contain errors.
2.1 Permitted Use
These Terms permit you to access and use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on the Services or Site, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not access or use for any commercial purposes any part of the Services or any Services or Content accessed or available through the Services.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of any Content made by you. No right, title or interest in or to the Services or any Content is transferred to you, and all rights not expressly granted are reserved by Rainbow Plant Life. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The trademarks, service marks, trade names, designs, logos and slogans on the Services are trademarks of Rainbow Plant Life or the respective owners. You must not use such marks without the prior written permission of Rainbow Plant Life or the respective owner.
2.2 Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these. You agree not to use the Services (a) in any way that violates any federal, state, local, or other applicable law or regulation or (b) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Rainbow Plant Life or users of the Services, or expose them to liability. Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material or other Content on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Post hyperlinks of or otherwise share any PDFs that are included as part of the Services, whether paid or otherwise, to any public forum, private forum, or mailing list of any kind.
- Otherwise attempt to interfere with the proper working of the Services.
3. Subscription Terms, Fees and Payments
The Plans are a fee-based subscription service offered at varying subscription durations. When you sign up for a subscription, you are committed to the term that you have chosen. Users of the Services may be subscribers engaged in a free trial of the Services or paying subscribers (“Subscribers”).
User and Subscriber Requirements. You must be 18 years or older to subscribe to any Services and provide Rainbow Plant Life with accurate and complete registration information. Failure to comply with either of these requirements will constitute a breach of this Agreement.
During registration you will create an account using your email address that will be used to authenticate your ongoing access to the Services. You will not:
- Use the name of another person with the intent to impersonate them
- Use a name that Rainbow Plant Life, in our sole discretion, deems inappropriate
- Use the rights of another person
You are responsible for the use of your account and you must make your best effort to keep your email account secure. You should not share your email account with others. If you believe your email account has been compromised, you must immediately notify Rainbow Plant Life of the suspected breach by emailing email@example.com.
For a Single Household. The Content provided through your subscription is intended for your personal use and should not be shared with others outside of your household apart from the approved sharing features of the Service.
Access to Meal Plans and Content. You must have an active account to have access to the Content. Once your subscription expires, you will not have access to new meal plans or other Content on the Services until such time as your account is either reactivated or renewed.
Termination of your Account. If Rainbow Plant Life, in its sole opinion, believes that you are acting in a spirit inconsistent with this Agreement or have breached the Agreement, we may terminate your account. In such a case, you are not eligible for a refund. We also reserve the right to terminate your subscription for any reason even if the reason does not cause a breach of this Agreement. In such a case, we will refund any remaining unused portion of your subscription. The refund will be your sole and exclusive remedy to such a termination.
Prices Subject to Change. Rainbow Plant Life may change our base subscription prices at anytime. However, with the exception of any discount from coupon codes or promotional offers, the price for any renewal will be at the same base price that you were originally charged when you subscribed—unless we notify you otherwise. Should your base subscription price change, we will notify you by email and give you a time period of at least two weeks to opt out of the renewal if you do not want to continue your subscription at the new price.
Grocery Delivery Partners. Rainbow Plant Life may choose to enable the grocery shopping lists associated with our meal plans to be delivered by various third-party grocery delivery and pickup partners (“Grocery Delivery Partners”). However, Rainbow Plant Life does not deliver groceries and any terms related to the delivery of groceries are between the user and the Grocery Delivery Partners. Rainbow Plant Life may receive compensation from delivery partners.
3.1 Purchasing Directly from the Services
Payments. The payment options and fees will be displayed on the Services at the time the subscription is offered. The terms applying to that subscription are incorporated into this Agreement.
Rainbow Plant Life uses a designated third-party PCI compliant payment platform to store credit and debit card information and process transactions for your Subscription. You are responsible for all transactions processed through the Service. Rainbow Plant Life is not liable for any loss or damage from errant or invalid transactions processed through the third-party payment platform.
Initial Purchase. Charges are processed immediately during checkout in accordance with the details displayed to you during the checkout process. When signing up for a free trial, your card information will be collected upon activation and will be automatically charged at the end of the free trial period. There is no further action required by you if you would like to continue to subscribe to the meal plan.
Retrying Transactions that Fail. In the event that a subscription charge is unsuccessful, Rainbow Plant Life may retry charges to your credit card for up to 7 days.
Valid Credit Card. It is your responsibility to ensure that Rainbow Plant Life has valid credit card information for your account. Rainbow Plant Life may also use third-party services to retrieve updated credit card information for your account.
Cancellation and Opting Out of Trial or Renewal. To cancel your Rainbow Plant Life subscription, visit your customer hub here. To avoid the automatic renewal of your subscription, you must cancel your subscription prior to the end of your current billing cycle.
Refunds. Subscriptions that are canceled during a free trial period will not incur any payment obligation. Subscriptions canceled after the trial period will not receive a refund of any subscription payments. To manage your subscription, please click here.
Other Terms. Additional terms and conditions may also apply to specific portions, services or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
3.2 Purchasing from a Third-Party Partner
Rainbow Plant Life may make subscriptions available through third-party applications and web Services (“Third-Party Offering”). If you purchase your subscription through a Third-Party Offering you are bound by the payment, cancellation, renewal and refund terms of that particular Third-Party Offering and the terms in Section 3.1 do not apply. These terms will be disclosed by the Partner when purchasing a Third-Party Offering.
4. Communication Between You and Rainbow Plant Life
We will generally contact you to let you know about changes to our Services and the products related to our Services. You may opt out of our email communications by following the unsubscribe instructions located within the email communications. You agree that any disclosure, notice, agreement, or other communication that we send to you electronically will satisfy any legal requirement, including that such communication be in writing.
5. Content Submissions
By submitting recipes, photographs, ratings or reviews (“User Contribution”), you grant Rainbow Plant Life an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to use, display, modify, reproduce, publish, distribute in any manner existing now or to be developed in the future without compensation of any kind to you or any third party. By submitting any User Contributions, you represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Rainbow Plant Life, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User of the Services.
Rainbow Plant Life reserves the right to delete or refuse to post, at our sole discretion, any submitted content for any reason.
Rainbow Plant Life does not allow submitted items that contain:
- Copyright materials for which the person submitting does not have the authority to provide a release of the copyright
- Any content that infringes on intellectual property rights of a third party
- Obscene, profane, or pornographic content
- Personal attacks on others such as slanderous, defamatory, threatening or harassing content
- Rainbow Plant Life may monitor content submitted, but we cannot be responsible for the submissions of third parties. If you see something that you believe violates these Terms or spirit of our Services, please let us know by contacting us at firstname.lastname@example.org.
6. Dietary Restrictions & Preferences
Rainbow Plant Life is committed to providing simple, balanced meals to help individuals make healthy choices in consultation with their personal physician.
Rainbow Plant Life does not:
- Guarantee the accuracy, completeness, or usefulness of any nutritional information in the food database
- Adopt, endorse, or accept responsibility for the accuracy, completeness or usefulness of any nutritional information
- Under no circumstances will Rainbow Plant Life be responsible for any loss or damage resulting from your reliance on nutritional information and for ensuring that the food you and the members of your household prepare or consume are in accordance with your specific dietary needs and restrictions. You should always seek the advice of a physician or Registered Dietitian for your own specific conditions or dietary needs. Rainbow Plant Life will not be liable for any health issues resulting from the consumption of ingredients to which you or a member of your household is allergic or that is harmful to you in any way.
7. Disclaimer of Warranties
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, YOUR USE OF THE SERVICES, THE CONTENT AND ANY SERVICES OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, CONTENT AND ANY SERVICES OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RAINBOW PLANT LIFE NOR ANY PERSON ASSOCIATED WITH RAINBOW PLANT LIFE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, CONTENT OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER RAINBOW PLANT LIFE NOR ANYONE ASSOCIATED WITH RAINBOW PLANT LIFE REPRESENTS OR WARRANTS THAT THE SERVICES, CONTENT, OR ANY SERVICES OR OTHER ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, RAINBOW PLANT LIFE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL RAINBOW PLANT LIFE, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEB SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEB SERVICES, OR ANY CONTENT OR SERVICES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Rainbow Plant Life, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’s Content and Services, other than as expressly authorized in these Terms, or your use of any information or Content obtained from the Services.
10. Governing Law
The Services is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
11. Dispute Resolution; Binding Arbitration
If a dispute arises between you and Rainbow Plant Life, our goal is to provide you a neutral and cost effective way to resolve the dispute quickly. You agree to first contact the Rainbow Plant Life Customer Service team by email via the contact information below to describe the problem and seek a resolution. If that does not resolve the issue, then, except as otherwise provided in these Terms, you and Rainbow Plant Life agree that any dispute or claim relating to these Terms or your access or use of the Services or Services will be resolved through binding arbitration, rather than in court; provided, however, that you may assert claims in small claims court if your claims qualify.
(a) YOU AND RAINBOW PLANT LIFE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OR YOUR PURCHASE OF OR ACCESS TO THE SERVICES WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section of these Terms. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR RAINBOW PLANT LIFE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Notice. If either you or RAINBOW PLANT LIFE elects to initiate arbitration, the initiating-party must notify the other in writing via certified mail, return receipt requested, or hand delivery within the applicable limitations period. The demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to:
- Rainbow Plant Life
- Attn: Dispute Resolution
- 2801 B St., Unit #2199
- San Diego, CA 92104
Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE CONTENT OR SERVICES OF RAINBOW PLANT LIFE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Rainbow Plant Life reserves the right to assign or transfer our rights and obligations under this Agreement. These Terms are personal to you and, as a result, you may not, without the written consent of Rainbow Plant Life, assign or transfer any of your rights and obligations under this Agreement. There will be no third-party beneficiaries to this Agreement.
13. Waiver and Severability
No waiver by Rainbow Plant Life of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Rainbow Plant Life to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
14. Complete Agreement
15. Copyright Complaints
Rainbow Plant Life respects the intellectual property rights of others and requires that users of our Services and Services do the same. U.S. copyright law does not protect recipes that include only listings of ingredients. However, Copyright protection may extend to a description, explanation, or illustration that accompanies a recipe or formula or to a combination of recipes such as in a cookbook. Should you have a copyright complaint, please contact our Customer Service team, as provided below.
16. Contacting Rainbow Plant Life
For questions or comments regarding these Terms, please contact the Rainbow Plant Life Customer Service team by email at email@example.com.