# Terms of Use Effective as of 04/20/2026 Terms of Use of Factor75, LLC Welcome to Factor and our Terms of Use (“Terms”). We’re excited to change the way you eat for the better. These Terms are important and affect your legal rights, so please read them carefully. Note that Section 24 “Dispute Resolution & Binding Arbitration” governs how disputes are resolved and includes a mandatory agreement to resolve disputes by binding, individual arbitration, subject to certain exceptions. The Terms and any applicable additional terms as referenced herein (“Supplemental Terms”) are collectively referred to herein as the “Terms”. Factor75, LLC d/b/a Factor (“Factor”, “We”, “Our”, or “Us”) operates Factor75.com (“Site”) and our mobile applications (“App”) and makes them available to visitors and users in the United States (“you” or “your”). By clicking on the “Place Order” button, completing the registration process, or by visiting or using our Site, our App, and/or our Offerings, as defined below under Section 5.3 “Offerings and Supplemental Terms”, you represent and agree that: (1) you have read, understand, and agree to be bound by these Terms; and (2) you are of legal age to form a binding contract with us and you have the authority to enter into the Terms. The term “you” refers to the individual or legal entity as applicable, identified as the user you registered on the Site or App. If you do not agree to be bound by these Terms you may not access or use this Site, the App, and/or the Offerings. Agreement to these Terms also includes agreement to all of the terms incorporated herein by reference including the Factor [Privacy Policy](https://www.factor75.com/privacy-policy) (“Privacy Policy”). If you do not agree to these Terms, you may not access or use our Site, the App, order, receive, or use our products. THESE TERMS ARE AN ENFORCEABLE CONTRACT BETWEEN YOU AND FACTOR WHICH AFFECTS YOUR LEGAL RIGHTS. YOU AND FACTOR AGREE TO RESOLVE DISPUTES BY INDIVIDUAL ARBITRATION OR IN SMALL CLAIMS COURT ONLY, AND TO GIVE UP ALL RIGHTS TO (A) A JURY TRIAL OR (B) PARTICIPATION IN ANY CLASS ACTION. YOU CAN READ MORE ABOUT THESE REQUIREMENTS IN SECTION 24 “DISPUTE RESOLUTION & BINDING ARBITRATION”, BELOW. IN ADDITION, YOUR FACTOR SUBSCRIPTIONS WILL AUTOMATICALLY RENEW UNLESS YOU TAKE STEPS TO PREVENT THEM FROM RENEWING AS EXPLAINED IN SECTIONS 5.2 “AUTORENEWAL FEATURE” AND 10.3 “CANCELLATION PROCEDURES”, BELOW. IF YOU HAVE OR SUSPECT YOU MAY HAVE ANY FOOD ALLERGIES, PLEASE GIVE SPECIAL ATTENTION TO SECTION 21.1 BELOW “ALLERGEN INFORMATION”. These Terms govern all aspects of your interactions and relationship with Factor, including without limitation, visiting and interacting with the Site and App, receiving promotions from us, participating in activities or sweepstakes/contests involving us, purchasing products or services from us, and receiving communications from us, including promotional texts, calls, and emails. We urge you to download or print these Terms for ease of reference and to keep a copy of the Terms for your records. When changes are made to these Terms, Factor will make a new copy of the Terms available on the Site and the App. We will also update the “Effective Date” at the top of the Terms. If you do not agree to any change(s) you may not use the Site, the App, and/or the Offerings. PLEASE REGULARLY CHECK THE SITE TO VIEW THE CURRENT TERMS. 1. __INFORMATION ABOUT US__. Factor75, LLC is a general corporation incorporated in the State of Delaware with general corporate offices at: 2302 W Indian Trail, Aurora, IL 60506. 2. __SERVICE AVAILABILITY AND YOUR STATUS__. The Site, the App, and Offerings, are intended for use by individuals in the contiguous United States of America, excluding Alaska, Hawaii, Puerto Rico, and other U.S. Territories ("Serviced States"). At this time, we do not accept orders from individuals outside the Serviced States. As such, by placing an order through our Site or App, you represent and warrant that you: (1) are legally capable of agreeing to these Terms; (2) are at least 18 years old; (3) are a resident of a Serviced State; (4) are accessing the Site or App from a Serviced State; and (5) have not been previously suspended or removed from the Site or App, or engaged in any activity that could result in suspension or removal from the Site or App; and have not created or do not have more than one Factor Account unless expressly permitted by Factor. 3. __MODIFICATION__. Factor reserves the right to change, amend, add to, remove, or supplement these Terms, including the [Privacy Policy](https://www.factor75.com/privacy-policy), without prior notice unless required by law. By using this Site, the App, and/or the Offerings following any such change, you agree to follow and be bound by the Terms as modified. As such, Factor recommends you review these Terms periodically and each time you use the Site, the App, and/or the Offerings. 4. __REGISTRATION__. 4.1 __Registering Your Account__. To utilize specific features on the Site and App, individuals will need to become a Registered User. For purposes of these Terms, a “Registered User” is a user who has registered an account on the Site (“Account”) or has a valid account on the social networking service (“SNS”) through which the user has connected to the Site (each such account, a “Third-Party Account”). 4.2 __Access Through a SNS__. If you access the Site or App through a SNS as part of the functionality of the Site and/or App, you may link your Account with Third-Party Accounts, by allowing Factor to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Factor and/or grant Factor access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Factor to pay any fees or making Factor subject to any usage limitations imposed by such third-party service providers. By accessing the Site or App using a SNS, you acknowledge and expressly authorize Factor to access, make available and store (if applicable), and Factor and the SNS to exchange, any information, including with limitation your unique user ID, email address, profile data, technical identifiers (such as IP addresses, browser fingerprints, and device metadata), text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Site or App that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site or App via your Account. Unless otherwise specified in these Terms, all SNS Content shall be considered to be User Content (as defined in Section 19) for all purposes of these Terms. Depending on the Third-Party Accounts, you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personal information that you post to your Third-Party Accounts may be available on and through your Account on the Site and/or App. You further acknowledge and understand that the SNS may use "software development kits" (SDKs) or "Application Programming Interfaces" (APIs) to facilitate this connection, and consent to the transmission of “routing and addressing” information (including URLs and device identifiers) to the SNS. You further agree that once transmitted, the use and disclosure of your data by the SNS is governed by privacy policy of the SNS. Factor does not control, and is not responsible for, how the SNS processes your information, including personal information, for their own independent purposes, such as behavioral advertising or profile building. Please note that if a Third-Party Account or associated service becomes unavailable or Factor’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site and/or App. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND FACTOR DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Factor makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Factor is not responsible for any SNS Content. 4.3 __Registration Data__. Should you create an Account with Factor, you agree to: (1) provide true, accurate, complete and up-to-date information, as well as updating the information as necessary; (2) maintain the security of your password and accept the risks associated with access to your Account which is not authorized by you; (3) notify us as soon as possible either at help@factor75.com or call 1-(888) 573-5727 if you believe there have been any breaches to the security of the Site, the App, or your Account information; and (4) exit from your Account at the end of each session. You represent that you are (a) at least eighteen (18) years old; (b) of legal age to form a binding contract; and (c) not a person barred from using the Site or App under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Site and App by minors. You may not share your Account or password with anyone If you provide any information that is untrue, inaccurate, not current or incomplete, or Factor has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Factor has the right to suspend or terminate your Account and refuse any and all current or future use of Site, App, or Offerings (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. Factor reserves the right to remove or reclaim any usernames at any time and for any reason. You agree not to create an Account or use the Site or App if you have been previously removed by Factor, or if you have been previously banned from the Site or App. You acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Factor. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. 4.4 __Communication__. By providing your phone number to Factor through the Site, App, or in connection with your order, receipt or use of our Site, App, and/or Offerings, you consent to receive calls or text messages, including calls or text messages sent through automatic telephone dialing systems and pre-recorded calls at any telephone number that you have provided us, in order for us to: (i) notify you about your Account; (ii) provide you updates on the status of your order and/or delivery; (iii) collect an outstanding payment or debt; (iv) contact you about exclusive offers and for any other marketing or promotional purposes; and (v) send you cart reminders. If you elect to receive text messages or phone calls from us, either via our Site, App, or by sending a text message to us indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional telephone calls and/or SMS text messages from us (each, a “Call” or “Text Message”), including your consent to marketing messages and calls sent through an automatic telephone dialing system. This service is optional and is not a condition of purchase. Message frequency varies. You can opt out of receiving further Text Messages or Calls at any time. To opt out of Text Messages from us, reply “STOP” at any time to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or contact customer care at factor75.com/contact. Standard message and data rates may apply. Please contact your mobile phone carrier for details. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. Text Message services are provided on an “as is” basis. Data obtained from you in connection with any Text Message services may include your mobile number, your mobile provider’s name and the date, time, and content of your Text Messages. We may use this information in accordance with our [Privacy Policy](https://www.factor75.com/privacy-policy) to contact you. If you change or deactivate a phone number you have provided Factor, you have an affirmative obligation to update your Account information and the phone number(s) associated with your Account to prevent us from inadvertently communicating with the individuals who acquire any phone number(s) previously linked to your Account. Any new or updated phone number you provide Factor may receive our standard marketing Text Messages unless you also unsubscribe through the procedures provided in this section. Following such opt-out, you may continue to receive calls or messages for a short period of time while we process your request. It is your responsibility to keep your Account information, including your phone number, updated. We may share your telephone number with our service providers (such as billing or collections companies) that we have contracted to assist us in pursuing our rights. You agree that these service providers may also contact you using autodialed or prerecorded calls and text messages, only as authorized by us to carry out the purposes identified above. We may, with notice as required by law, monitor, or record your communications with Factor for training and quality assurance purposes. Factor is able to deliver mobile messages to most major U.S. mobile phone carriers. However, not all mobile devices or handsets may be supported, and Factor’s messages may not be deliverable in all areas. Factor, its service providers, and mobile carriers are not liable for delayed or undelivered messages. 5. __FACTOR'S SERVICES__. 5.1 __Factor’s Subscription Service__. Our subscription service is an automatic, recurring weekly subscription to Factor products (“Subscription Service” or “Service”). As part of the Service, we offer a number of subscription options that you may choose from (“Plan”). Each week you will receive a package from Factor (your “Meal Box”), including the contents of your chosen Plan (a specific number and type of “Meals”). You can find specific details regarding your Plan and the Factor Service by accessing your Account details via the Site or the App. 5.2 __Auto-Renewal Feature__. THE SUBSCRIPTION SERVICE CONSISTS OF AN INITIAL CHARGE FOLLOWED BY RECURRING WEEKLY CHARGES AS AGREED TO BY YOU. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION. FACTOR MAY SUBMIT PERIODIC CHARGES (E.G., WEEKLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE ADVANCE NOTICE (IN COMPLIANCE WITH THE CANCELLATION PROCEDURES IN SECTION 10.3) THAT YOU WISH TO TERMINATE THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE FACTOR REASONABLY COULD ACT. IF YOUR PAYMENT DETAILS CHANGE, YOUR CARD PROVIDER MAY PROVIDE US WITH THE UPDATED PAYMENT DETAILS. WE RESERVE THE RIGHT TO USE THESE UPDATED DETAILS FOR FUTURE CHARGES IN ORDER TO HELP PREVENT ANY INTERRUPTION TO THE DELIVERY OF SERVICE. ADDITIONALLY, BY SIGNING UP FOR OUR SUBSCRIPTION SERVICE YOU ARE AGREEING TO RECURRING PERIODIC PAYMENTS FOR AN INDEFINITE TIME UNTIL CANCELLED BY YOU OR US, ON THE SUBSCRIPTION TERMS SET OUT IN THE APPLICATION FORM YOU HAVE COMPLETED, SUBJECT TO VARIATION IN ACCORDANCE WITH THIS SECTION AND SECTION 10. YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME, PROVIDED THAT TO AVOID AN ADDITIONAL WEEK’S SUBSCRIPTION CHARGE YOU MUST DO SO WITHIN THE APPLICABLE CANCELLATION NOTICE PERIOD, AS DEFINED IN SECTION 10.3 “CANCELLATION PROCEDURES”. YOU WILL NOT BE CHARGED FOR ANY CANCELLATION. YOU CAN RE-SUBSCRIBE AT ANY TIME FOLLOWING YOUR CANCELLATION, BUT WE RESERVE THE RIGHT NOT TO PERMIT RE-SUBSCRIPTION WHERE WE HAVE PREVIOUSLY ELECTED TO TERMINATE A SUBSCRIPTION BY YOU. FOLLOWING YOUR INITIAL SUBSCRIPTION WEEKLY PERIOD, AND AGAIN AFTER ANY SUBSEQUENT WEEKLY SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY COMMENCE ON THE FIRST DAY FOLLOWING THE END OF SUCH WEEK AND CONTINUE FOR SUCCESSIVE RENEWAL WEEKS, AT THE THEN-CURRENT, NON-PROMOTIONAL SUBSCRIPTION RATE. YOU AGREE THAT YOUR ACCOUNT WILL BE SUBJECT TO THIS AUTOMATIC RENEWAL FEATURE UNLESS YOU CANCEL YOUR SUBSCRIPTION. __TO CANCEL YOUR SUBSCRIPTION, LOG ONTO YOUR FACTOR ACCOUNT. CLICK ON YOUR NAME IN THE UPPER RIGHT-HAND CORNER, THEN CLICK “ACCOUNT SETTINGS.” ON THE PLAN SETTINGS PAGE, SCROLL DOWN AND CLICK “END MEAL SUBSCRIPTION” (UNDER STATUS SECTION). FOLLOW THE PROMPT(S) FOR CANCELLATION.__ ADDITIONAL DETAILS FOR CANCELLATION PROCEDURES ARE IN SECTION 10.3 “CANCELLATION PROCEDURES” OF THESE TERMS. IF YOU CANCEL, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT __SUBSCRIPTION WEEK; YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT WEEK EXPIRES.__ YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION WEEK. BY SUBSCRIBING TO THE SERVICE, YOU AUTHORIZE FACTOR TO CHARGE YOUR PAYMENT PROVIDER NOW, AND AGAIN AT THE BEGINNING OF ANY SUBSEQUENT SUBSCRIPTION WEEK. UPON RENEWAL OF YOUR SUBSCRIPTION, IF FACTOR DOES NOT RECEIVE PAYMENT FROM YOUR PAYMENT PROVIDER, (A) YOU AGREE TO PAY ALL AMOUNTS DUE ON YOUR ACCOUNT UPON DEMAND AND (B) YOU AGREE THAT FACTOR MAY EITHER TERMINATE OR SUSPEND YOUR SUBSCRIPTION AND CONTINUE TO ATTEMPT TO CHARGE YOUR PAYMENT PROVIDER UNTIL PAYMENT IS RECEIVED (UPON RECEIPT OF PAYMENT, YOUR ACCOUNT WILL BE ACTIVATED AND FOR PURPOSES OF AUTOMATIC RENEWAL, YOUR NEW SUBSCRIPTION COMMITMENT PERIOD WILL BEGIN AS OF THE DAY PAYMENT WAS RECEIVED). 5.3 __Offerings and Supplemental Terms.__ The “Offerings” are collectively defined as: (1) the Site, App, goods or services offered through the Site and/or App, including, but not limited to the Subscription Service (“Products”); (2) the text, audio, video, graphics, or other content featured on the Site or App (“Content”); (3) gift cards or gift certificates (including, for the purposes of these Terms, electronic versions of both) (“Gift Cards”); and (4) the trial offers, sweepstakes, contests, or promotions (“Vouchers,” as defined in Section 9). Your use of, and participation in, certain Offerings may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms or will be presented to you for your acceptance when you sign up to use the supplemental Offering. Supplemental Terms include Factor’s [Privacy Policy](https://www.factor75.com/privacy-policy), Factor’s Gift Card Terms (“Gift Card Terms and Conditions”), the rules applicable to the Vouchers (“Promotion Rules”) and all other applicable Factor operating rules, policies, and other terms and conditions or documents that may be published on the Site and/or in the App, or which you may be otherwise notified of in writing. If the Terms are inconsistent with the Supplemental Terms, these Terms shall control. 6. __PAYMENT AND PRICING__. 6.1 __Pricing Adjustments__. We reserve the right to adjust prices in our sole discretion, at any time and without notice to you; provided, however, that we will provide you with at least ten (10) days’ advance notice of any price changes with your specific Plan rate. Your acceptance of deliveries of the Products after such notice has been delivered to you will constitute your acceptance of such price changes unless you cancel your subscription to the Service in accordance with these Terms. All prices shown on the Site and/or in the App are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Site and/or in the App. Prices, taxes or other fees may vary geographically. The shipment of meals to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription in accordance with the Term’s Cancellation Procedures, found in Section 10.3. 6.2 __Plan Add-Ons__. Different features and other customized options may become available in addition to your Plan, including, but not limited to, premium options, new product add-ons, and modified shipping options. These may change the price of your Plan on a recurring basis. Should you have any questions about any of the options available under your Plan, please visit [www.factor75.com](https://www.factor75.com/), email help@factor75.com, or call (888) 573-5727. 6.3 __Payment__. You agree to pay for all orders made from your Account in accordance with the prices and billing terms in effect at the time an order is made from your Account. You also agree to pay all applicable taxes. To make an order from an Account, you must provide valid payment information (e.g., credit card, debit card, and/or a Gift Card) through the Site or App. By placing an order through your Account, you also agree and authorize (1) the payment method(s) you provide to be immediately charged for all fees and taxes applicable to your order, (2) Factor to automatically charge alternative payment methods associated with your Account if a primary payment method is declined or no longer available, (3) Factor to share payment information and instructions required to complete the payment transactions between Factor, our payment processors, and their third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (4) no additional notice or consent is required for the foregoing authorizations. You agree to immediately update your Account in the event of any change in your payment information. Factor reserves the right at any time to change its billing methods. If a payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. If a payment is not successfully paid and you do not edit your payment method or cancel your purchase of a Product, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. Factor reserves the right to collect any outstanding payment due and may transfer the collection of your outstanding balance to a third-party collection agency. 7. __REPLACEMENT MEALS IN MEAL BOXES AND PROMOTIONAL INCLUSIONS__. Given the perishable nature of many of our ingredients, and market conditions and product supply beyond our control, we reserve the right to adjust the presence and/or quantity of any meals, to discontinue the use of any meals, or to substitute any meals, all without notice. While we make every effort to ensure that you are provided with the very best meals for our Product, these switches may occasionally be required. If such a substitution is required, we will make reasonable efforts to notify you prior to shipment. If you have any issues with any substitution, or either a Meal or a Product, please contact us at help@factor75.com or call (888) 573-5727. Additionally, please note that, on occasion, Factor will include products from our partners in our Meal Boxes which may contain some or all of the 9 major allergens (in addition to other ingredients). Please refer to Section 21.1 “Allergen Information” to review our allergen policy. Additionally, if you have any questions or concerns about any additional products or materials in your Meal Box, please contact Customer Care at help@factor75.com or call (888) 573-5727. 8. __GIFT CARDS__. You may purchase and/or otherwise receive Gift Cards through the Site and/or App. You must create and maintain an existing and valid Account with Factor in order to redeem a Gift Card. All Accounts are subject to the Terms in all respects and applicable Factor Gift Card terms and conditions. Factor Gift Cards may be redeemed on the Site or on the App. Redemption of Gift Cards will result in the application of a credit to your Account in the amount of the Gift Card balance and that balance will be automatically applied toward your purchase of Offerings until the Gift Card balance is depleted. Gift Cards are not generally redeemable for cash or credit except where required by law. To make a request to redeem a Gift Card please email help@factor75.com and provide your name, home address, and Gift Card number. Gift Cards do not expire and are not subject to service or inactivity fees. Factor is not responsible for lost or stolen Gift Cards. Lost or stolen Gift Cards cannot be replaced (except as required by law). All sales of Gift Cards are final and nonrefundable. Factor reserves the right to refuse to honor a Gift Card where Factor suspects that the Gift Card was obtained fraudulently. If you suspect someone has copied or stolen your Gift Card, email help@factor75.com immediately. 9. __VOUCHERS__. Factor may offer discount promotions, free/discounted trials, or other types of vouchers (“Vouchers”). To use the offer on the Voucher, users need to create an Account through the Site or App and input their information and the code found on the Voucher to redeem. If you purchase any Voucher, the Voucher is deemed to have been sold at the time of payment for it. The discount found on the Voucher only lasts for the first week of your Plan unless it specifically states otherwise on the Voucher or when you sign-up. Similarly, a Voucher may only be used once and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in data retrieval systems without our prior written approval. Additionally, Vouchers are only for first-time users of Factor, unless the Voucher states otherwise. Factor reserves the right to withdraw or deactivate any Voucher (other than one which has been purchased) for any reason, at any time. For the avoidance of doubt, and in accordance with the foregoing sentence, Factor reserves the right to withdraw or deactivate any of your outstanding referral credits or similar Vouchers in the event your referral code is posted to a third-party website (excluding your own social media profile(s) or blogs), or if you otherwise violate these Terms. Vouchers may only be redeemed through our Site or App, and not through any other website or method of communication. To use your Voucher, you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these Terms and any special conditions attached to the Voucher. Pursuant to these Terms, at the expiration of the Voucher, you agree and acknowledge that you will be billed the standard rate for your Meal Box on a recurring, weekly basis, unless you cancel your Plan prior to the end of the Voucher period with proper, advance notice to Factor in accordance with these Terms. As a part of the verification process, Factor may require you to provide additional identification information. In addition, as a part of the verification process, you authorize Factor to charge to your credit card a $1.00 authorization charge (or such other amount identified to customer at time of verification by Factor), which amount will be refunded following successful authorization. 10. __DELIVERY__. 10.1 __Factor Delivery Week__. Factor’s “Delivery Week” begins on Saturday and runs through the following Friday. The start of our Delivery Week means that new Meals are available to be delivered in your Meal Box. Note that the Delivery Week may differ from the auto-renewing weekly subscription term. 10.2 __Meal Selection Date__. Meal Selection Date. Recipe Plan selection and delivery day selection is on a rolling basis. To clarify, if you receive deliveries on Saturdays all selections "lock" Monday by 11:59 PM Central Time, or if you receive deliveries on Sundays, all selections "lock" Tuesday by 11:59 PM Central Time, or if you receive deliveries on Monday or Tuesday, all selections "lock" Wednesday by 11:59 PM Central Time, and if you receive deliveries on Wednesday all selections "lock" Thursday by 11:59 PM Central Time. For example, if your subscription allows for recipe selection and you receive your Box on Tuesdays, you will have to make your selection of Recipe Options you want included in your Box, or change your delivery day, by Wednesday 11:59 PM CT of the week prior to your existing delivery day. Your credit card or other payment source will then be charged the following day. First box or reactivating account order selection “lock” schedule can vary from this schedule, please refer to your My Menu page for confirmation of your “lock” deadline. Please note that the specific days in which a Meal Box can be delivered varies by geographic region, and delivery on each day will not be available in all areas. If you have any questions about your area and delivery, please contact Customer Care at help@factor75.com or call (888) 573-5727. 10.3 __Cancellation Procedures__. Please note that ability to change an order locks on a rolling basis five days prior to your scheduled delivery date. Therefore, if you wish to cancel your Account subscription and/or cancel or change an order, you must do so by the day and time described above for your respective delivery day on the “My Menu” page. For example, if you have a scheduled delivery on Tuesday, you have until Wednesday at 11:59 PM CT of the week prior to canceling your subscription. If you do so after your lock day and time, you will be charged and receive your Box for that week, and the cancellation will take effect for the following Delivery Week. To cancel your Account subscription, log on to your account. Click on your name in the upper right-hand corner, then click “Account Settings.” Scroll down on the Meal settings page and click “End Meal Subscription” (under Status section). Follow the prompt(s) for your cancellation. You will be prompted with a message confirming that your account has been cancelled. You may also cancel your account by contacting Customer Care, at factor75.com/contact or email help@factor75.com, stating that you wish to terminate your Subscription, along with your full name and registered email address. 10.4 __Pausing Your Order__. During any delivery week, you have the option of pausing your deliveries. In order to do so, log on to your Account page on the Site or App, select a particular week (by clicking on the delivery day highlighted), then click on the “Edit Delivery” button and then click “Skip Week” button. You will not be charged for any week in which your order is paused. Please note that this action cannot be taken for any scheduled order which has already “locked,” pursuant to Section 10.2 “Meal Selection Date” above. Additionally, pausing an order shall only apply to the week in which you pause, and automatic deliveries will commence the following week, unless you choose to pause the following week, subject to the details, above. 10.5 __Delivery Specifics__. We enlist the support of third-party delivery companies to deliver your meals that will generally deliver your meals prior to 9:00 PM local time on your delivery date. Each box is packaged to stay fresh until approximately 8:00 PM local time one day following the original target delivery day. Circumstances can vary depending on actual shipment times, weather, and conditions through transit; should your box arrive late, and you are uncertain about freshness, please contact our Customer Care for guidance. To maintain the highest quality and integrity of the meals after delivery, we recommend that you immediately refrigerate the items upon receipt. Additionally, you should inspect your package to ensure the contents arrive in a cool, refrigerated condition. The best way to ensure the quality and food safety of the product is to check the meat and fish with a meat thermometer to ensure their internal temperatures are 41 degrees Fahrenheit or below. If a fresh food product arrives at above 41 degrees Fahrenheit, you should contact our customer service and discard the item. If you are not home when a delivery arrives, our delivery person will leave the package for you at your door. In the case of inclement weather, we will deliver your order as soon as reasonably possible when the conditions permit. If your designated delivery location is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date for the delivery. In the case of weather that inhibits the ability to make safe deliveries, or other events beyond our control that interfere with our ability to deliver your order, we will attempt to deliver your order as soon as possible. In some cases, delivery may occur on a date other than your scheduled delivery day. If the delivery of your Meals is not feasible, we will cancel your delivery for the impacted period and issue a credit, as determined in our sole discretion. 11. __FORCE MAJEURE__. We will not be liable or responsible for any failure to perform, or delay the performance of, any of our obligations caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) Strikes, lock-outs, or other industrial action; (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster; (4) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) Impossibility of the use of public or private telecommunications networks; and (6) The acts, decrees, legislation, regulations, or restrictions of any government. Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event. 12. __RECEIPT OF THE MATERIALS__. Factor uses specific materials to refrigerate perishable items and also uses third party delivery companies to deliver Meal Boxes to customers. Please note that you are responsible for reviewing the Meal Box upon delivery and inspecting all of the Products contained within for any defects or other problems upon delivery. If you are not home when your Meal Box is delivered, the Meal Box will be left at your door or in a common area. Upon the completion of your review of the Meal Box, we recommend that you place all perishables in your refrigerator to ensure the integrity of all meals and contents. The risk of loss and/or damage passes to you at the time of delivery. We highly recommend that you review the USDA’s instructions on safe food handling. All items are solely at your risk from the time of delivery. As such, you are solely responsible for any preparatory steps, storage of the contents of any Meal Boxes, and the warming of Meals. We recommend that you use a thermometer to measure the temperature of any poultry, fish, or meat products that arrive in the insulated portion of the Meal Box, and, pursuant to USDA Guidelines, you should utilize said thermometer to ensure that they are at (or below) 41 degrees Fahrenheit. 13. __FOOD PREPARATION__. Factor recommends that all warming instructions found within our online menu and on the back of your meal tray packaging slip to be followed, and all seafood, meats, and poultry should be cooked to the USDA’s recommended internal temperatures (165 degrees Fahrenheit for poultry; 160 degrees Fahrenheit for ground meats; 145 degrees for whole meats; and 145 degrees Fahrenheit for seafood). Factor recommends utilizing a food thermometer to verify internal temperatures. For more information, please consult the USDA’s website). Please note that each Meal will have a corresponding meal description found online. If you have any questions or concerns related to your meal or meal warming instructions, please contact help@factor75.com or Customer Experience at (888) 573-5727. 14. __RETURN AND REFUND POLICY__. If you are unhappy with any part of your Meal Box, or a specific Meal, you can reach out to us at help@factor75.com or call Customer Experience at (888) 573-5727. Please do so within five (5) days of the date you received the unsatisfactory item. If related to the condition of a Meal, we, at our sole discretion, may give you credit for the individual Meal, and in some situations, issue a partial or full refund for the Meal. We reserve the right, however, to require either the return of the unsatisfactory Meal, or a photograph of such, before any partial/full refund or credit will be issued. Any future release, update or other addition to the Offerings shall be subject to these Terms. Factor, its suppliers, and its service providers reserve all rights not granted in these Terms. 15. __PROPRIETARY RIGHTS__. Factor is the owner and operator of the Site and the App. Additionally, Factor is the owner of, or duly licensed to utilize, all content, features, and functionality associated with the Site and App (including, but not limited to, all information, text, graphics, software, video, and audio, and the design, selection, and arrangement thereof) published on the Site, the App, or any Offerings (collectively the “Materials”). The Materials are protected by copyright, trademark, trade secret, and/or other intellectual property or proprietary rights laws throughout the world. Subject to these Terms, Factor grants users a limited, revocable, non-exclusive license to use the Materials solely in order to use Factor’s Offerings for personal, non-commercial use. Any other use of Factor’s Materials, including any modification, distribution, or reproduction for purposes other than the personal usage of Factor’s Offerings, without express written approval from Factor (which can be provided through email) is prohibited. Any future release, update, or other addition to the Offerings shall be subject to these Terms. Factor, its suppliers, licensors and its service providers reserve all rights not expressly granted in these Terms. 15.1 __Trademarks__. “Factor,” all other trademarks, service marks, logos, titles, characters, names, graphics, product packaging, and button icons associated with the Offerings or Factor products and services are service marks, trademarks, and/or trade dress owned by Factor (or are otherwise proprietary to Factor) (collectively referred to with Materials as the “Factor IP”) and may not be used by you for any reason other than as expressly permitted by the Terms. All other trademarks, service marks, product names, and company names, logos, designs, imagery, content or slogans appearing by and through the Offerings (“Other Content”) are the property of their respective owners and you do not acquire any ownership rights in or to such the Factor IP or Other Content by using and/or accessing the Offerings. You will not remove, alter, or obscure any copyright notice, trademark, service mark or other proprietary rights notices on the Site or App, or incorporated in or accompanying the Offerings. 15.2 __Other Content__. Except with respect to your User Content, you agree that you have no right, title, or interest in or to any Content that appears on or in the App, Site or Offerings. 15.3 __Procedure for Making Claims of Copyright Infringement__. In accordance with the Digital Millennium Copyright Act and other applicable laws, Factor reserves the right to terminate any end-user’s access to the Offerings where that end-user infringes upon third-party copyrights. If you believe content posted on the App or Site infringes your copyright, please provide our copyright agent with the following information: (1) the name and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed including, where possible, a copy of the work or the location (e.g., URL or page within the App or Site) of an authorized version of the work, together with information regarding any copyright registration you own for the work you believe to be infringed; (3) a description of the location on the Site or App of the material that you claim is infringing including the URL or page within the App or Site, that will allow us to locate the material you believe constitutes an infringement; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, or your authorized agent, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Correspondence regarding notice of claims of copyright infringement should be sent to our copyright agent at help@factor75.com, or mailed to Attn: Factor75 Copyright Agent, 28 Liberty Street, New York, NY 10005. Please also see 17 U.S.C. § 512(c)(3) for the requirements of such a notification. You should note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. To protect the rights of copyright owners, Factor maintains a policy for termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers. 16. __COMMUNITY STANDARDS AND CONDUCT GUIDELINES__. You may use Factor Offerings only for lawful purposes and in accordance with these Terms. By visiting our Site, App, or by using our Products, you hereby agree not to use the Offerings: 16.1 In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 16.2For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. 16.3 To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation. To impersonate or attempt to impersonate Factor, an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing). 16.4 To impersonate or attempt to impersonate Factor, an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing). 16.5 To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or App, or which, as determined by us, may harm Factor or users of the Site, or expose them to liability. 16.6 Nothing in these Terms waives or limits any consumer rights under California Civil Code 1670.8. Consumers retain their right to make public statements—both positive and negative—about their experiences with Factor. Additionally, you agree not to: 16.7 Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site. 16.8 Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site. 16.9 Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent. 16.10 Use any device, software, or routine that interferes with the proper working of the Site. 16.11 Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. 16.12 Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site. 16.13 Attack the Site via a denial-of-service attack or a distributed denial-of- service attack. 16.14 Otherwise attempt to interfere with the proper working of the Site. 17. __NON-USER THIRD PARTY CONTENT__. We may display content, advertisements, and promotions from third parties through the Site, in mailings or emails containing information regarding other companies, or with or contained within the Offerings (“Third Party Content”). The Third-Party Content is not endorsed, adopted by, or controlled by Factor, and we make no representations or warranties of any kind regarding such Third-Party Content, regarding its accuracy or completeness. You acknowledge and agree that (i) your interactions with third parties providing Third Party Content through or on the Offerings (including, but not limited to, our Site, App, social media, other Content, or Products) are solely between you and such third parties; and (ii) that it is impossible for Factor to monitor such materials and that you access these materials at your own risk. 18. __USER CONDUCT__. You agree that you will not violate any law, statute, regulation, intellectual property (including, but not limited to, copyright and trademarks), contractual obligations, other third-party rights, or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site or App. You agree that you will abide by these Terms and will not: (1) display personal or confidential information related to any third party, including, but not limited to, street addresses, email addresses, last names, telephone numbers, and URLs; (2) attempt to access or use another user’s Account unless permitted to do so, in writing, from both the user and Factor; (3) engage in any behavior which is deemed to be harassment, threatening, stalking or predation of any other person; (4) make any claim, statement, or assertion, or imply, that your claim, statement, or assertion is endorsed by Factor without Factor’s express written consent; (5) engage in the commercial solicitation of other end-users; (6) collect or record end-users’ personal information without their prior written consent; (7) develop or use any third party applications that interact with any of Factor’s Content, the Site, or the App without our prior written consent; (8) use the Site or App in any way that prevents or inhibits other end-users from fully utilizing the Site or App, or in a way that could overburden or interfere with the functioning of the Site or App in any manner; (9) use any manual or automatic process, means, or interface (including, but not limited to robot, spider, script or, browser extension), which Factor has not authorized to access the Site or the App, to retrieve or index data or content; (10) decipher or reverse engineer any portion of the Site or the App that may reveal source code or bypass items designed to obstruct, limit, or stop access to any Content, specific site within the Site, or code within the Site; (11) access or attempt to access any portion or feature of the Site or App which you are not authorized to access, pursuant to these Terms or any subsequent terms; or (12) use the Site or the App for any illegal purpose.

Overnight Oats Classic Variety Pack W19

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