Terms & Conditions
Please read this agreement carefully to ensure you understand each provision.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
We may update these Terms and Conditions from time to time at our sole discretion. The modified Terms and Conditions will be effective 30 days following posting and you agree to the new posted Terms and Conditions by continuing your use of the Site and/or placing an order. Each time you use the Site or place an order, you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound hereby. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. If you do not agree with the modified Terms and Conditions, you should stop using the Site.
By using our Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and Conditions and to use the Site in accordance with these Terms and Conditions.
Important Health Information
People with certain conditions MUST HAVE physician approval prior to starting any Green Apple program; these include, but are not limited to people who: (a) are pregnant, (b) have anorexia or bulimia, (c) have chronic kidney disease, (d) children under 17 years old, or (e) nursing mothers. People with these or any other serious health conditions must seek physician approval before starting any Green Apple Programs.
Please consult your physician before beginning any Green Apple program, or any other weight loss program, as changing your diet or exercise, or losing weight, may affect some medical conditions and medications. Your physician may need to adjust your medications due to changes in your diet, exercise, or weight while on this program. Check with your physician, but as a general guideline, we also recommend taking a multivitamin and a fish oil supplement as a part of your Green Apple program for optimal health. You should discuss your continued participation in the Green Apple program with your physician if there is any change in your medical condition.
It is important to note that medical studies indicate that people 20 percent or more above their ideal weight are at increased risk of many illnesses or diseases, including coronary heart disease, heart attacks, diabetes, increased cholesterol levels, high blood pressure, strokes, gallbladder disease, kidney disease, neurological disorders, gout, osteoarthritis, and certain types of cancer. It is also important to be aware of certain risks that have been associated with weight loss. Any weight loss program may cause constipation, muscle cramps, dehydration, diarrhea, dizziness, dry or cold skin, fatigue, gallbladder inflammation or gallstones, gout, hair loss, headaches, heart palpitations, loss of lean body mass, irregular or stopping of menstruation, reduced tolerance to cold, as well as other possible side effects. Please be sure to eat all of the food that is recommended on the Green Apple program. Failure to follow the program protocol and eat all of the food recommended may increase the risk of developing serious health complications.
Weight Loss and Health Claims
Green Apple provides weight loss and health information solely for informational purposes. Weight loss and health results are not guaranteed. Actual results will vary widely from individual to individual. By purchasing from Green Apple, you acknowledge that Green Apple does not make any claims, guarantees, explicit or implied, for any specific results. You also acknowledge that it is possible to gain weight on a program. Failure to lose weight or meet your desired results will not be grounds for a refund or to seek any damages against Green Apple.
Green Apple does not imply, suggest or represent that any of our programs have been approved for any individual use by one of our doctors, medical staff, supervisors or staff members. GREEN APPLE PROGRAMS ARE NOT MEDICALLY SUPERVISED PROGRAMS. IF YOU HAVE ANY MEDICAL CONDITIONS, WE RECOMMEND AND IN SOME CASES REQUIRE YOU TO SEEK PHYSICIAN APPROVAL PRIOR TO STARTING A PROGRAM.
Please note that nutritional information on our site reflects recent updates to meals based on evolving ingredients. The nutritional information for meals at the time of their preparation is reflected on the labels on our meal containers.
BILLING AND CHANGES IN THE SUBSCRIPTION
Meal plans are Auto-Delivery reoccurring deliveries with no obligation past the first 4 weeks or One-time Delivery.
Meal plan deliveries are designed to be the most convenient way to eat healthy today. Meals are created from scratch each week, delivered fresh and ready to eat on Tuesday. Each meal is will typically last about 10 days past the date of delivery in your refrigerator.
As a meal plan subscriber, you may modify, pause, or cancel your deliveries any given week. Meal plans are made to order every week and there is a deadline for cancellations and modifications; Sunday 12:00 am (EASTERN TIME). All modifications received after this deadline will not be reflected in that week’s delivery, but will take effect the following week.
To modify, pause, or cancel your meal plan order, please call us at (617)650-8686. TO INSURE QUALITY OF SERVICE, MODIFICATIONS AND CANCELLATIONS MUST BE MADE BY PHONE. WE WILL NOT ACCEPT ORDER MODIFICATIONS OE CANCELLATIONS BY EMAIL OR VOICE MAIL MESSAGES.
Food Substitution Policy
Although Green Apple takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. Green Apple is not responsible for unavailability of product due to popular demand, whether discontinued or still in production.
In the completion of orders, Green Apple reserves the right to substitute a similar product. When making substitutions, Green Apple takes great care to meet the requirements of your particular Green Apple program. Substituted food items may contain different ingredients and allergens than those in items originally ordered. Prior to consumption, please be sure to carefully check all individual product packages for the most updated information regarding ingredients and nutritional content for any/all of Green Apple’s food products, including new and improved items, if you have any food allergies or if you are otherwise concerned about any particular ingredients.
Please Note: Green Apple’s food items may contain or may have been manufactured in a facility that also processes: dairy, eggs, fish, shellfish, soy, and tree nuts.
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Green Apple (as set forth below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number, and e-mail address.
A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by e-mail to Green Apple Healthy, firstname.lastname@example.org. In an effort to protect the rights of copyright owners, Green Apple maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Changes to the Site
Green Apple may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and Green Apple is under no obligation to update such material.
Information About You and Your Visits to the Site
Online Purchases and Other Terms and Conditions
All purchases through this Site or other transactions for the sale of goods or services or information formed through the Site or as a result of visits made by you are governed by these Terms and Conditions.
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
The Sites and/or Site and the content are provided on an “as is” and “as available” basis.
TO THE FULLEST EXTENT PERMITTED BY LAW, GREEN APPLE, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Green Apple makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Sites and/or Site. Freshly cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Green Apple cannot and does not guarantee or warrant that files available for downloading from these Sites and/or Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Green Apple cannot and does not guarantee or warrant that any content you post on the Sites will remain on the Sites. Green Apple does not warrant or guarantee that the functions or services performed on the Sites and/or Site will be uninterrupted or error-free or that defects in the Sites and/or Site will be corrected.
Green Apple may disable all or any social media features and any links at any time without notice in our discretion.
Limitation of Liability
GREEN APPLE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH GREEN APPLE IS TO DISCONTINUE YOUR USE OF THE SITE. GREEN APPLE AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES AND/OR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES AND/OR SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF GREEN APPLE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FRESHLY’S AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold Green Apple, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your use of the Sites and/or Site, including, but not limited to, any content that you may post, any use of the Sites’ AND/OR Site’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Sites and/or Site.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws rules.
Resolving Disputes — Arbitration
Most customer concerns can be resolved quickly and to the customer’s satisfaction BY calling our customer service department at (617)650-8686. IF Green Apple’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if Green Apple has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
All disputes or claims that arise under or related to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court or by individual arbitration in accordance with the rules of the American Arbitration Association (“AAA”). Unless you and Green Apple agree otherwise, any arbitration hearings will take place in the county (or parish) of your shipping address. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879. Green Apple agrees that it will pay a consumer’s filing fee FOR the arbitration.
You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR GREEN APPLE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE 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 unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under 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. This transaction and the arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
Waiver and Severability
No waiver by Green Apple of any of the terms and conditions set forth in these Terms and Conditions 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 Green Apple to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions 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 and Conditions will continue in full force and effect.
Green Apple may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your Green Apple account. You may give notice to Green Apple at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: Green Apple Healthy Foods, 323 North Main St, Middleton MA 01906.
Updated: June 30th, 2017
Telephone Calls and SMS Text Messages
Upon signing up for the program, you will be asked to provide us with a telephone number at which we can reach you. That number is required for shipping and so that Green Apple can reach you with informational calls related to your transactions. All calls to and from Green Apple may be monitored or recorded for quality and training purposes.