Factor 75

Terms and Conditions of Factor75, LLC Welcome and thank you for visiting factor75.com (“Site”) or our mobile applications (“App”) and our Terms and Conditions (“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. By visiting or using our Site, our products, our App, or the features we make available as part of our platform, you agree to be bound by these Terms and all of the terms incorporated herein by reference including our Privacy Policy. If you do not agree to these Terms, you may not access or use our Site, order, receive, or use our products. PLEASE REVIEW THE TERMS CAREFULLY, PARTICULARLY SECTION 5.2 DETAILING THE AUTO-RENEWAL SUBSCRIPTION LANGUAGE, SECTION 21.1 RELATED TO ALLERGENS, AND SECTION 24 RELATED TO BINDING ARBITRATION. FACTOR75, LLC D/B/A FACTOR (“FACTOR”, “WE,” “OUR,” “US” OR “COMPANY”) OPERATES THIS SITE AND THE FACTOR APP. BY CLICKING ON THE “PLACE ORDER” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR ACCESSING OR USING SITE OR APP, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THESE TERMS. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE, THE APP, OR THE OFFERINGS (AS DEFINED BELOW). IF YOU SUBSCRIBE TO THE SERVICE (AS DEFINED IN SECTION 5 BELOW) FOR A TERM, THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT FACTOR’S CURRENT FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTIONS 5.2 AND 10.3 BELOW. PLEASE BE AWARE THAT SECTION 24 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND YOUR RIGHT TO HAVE A JURY TRIAL. ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT. Please note that the Site, App, the good or service offered through the Site and/or App, including, but not limited to, the Subscription Service (as defined in Section 5.1) (“Products”), the text, audio, video, graphics, or other content featured on the Site or App (“Content”); the Factor gift cards or gift certificates (including, for purposes of these Terms, electronic versions of both) (“Gift Cards”) and the trial offers, sweepstakes, contests, or promotions (“Vouchers,” as defined in Section 9). ”); for purposes of these Terms, are considered to be the “Offerings.” 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 (“Privacy Policy”), Factor’s Gift Card Terms (“Gift Card Terms”), 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. The Terms and any applicable Supplemental Terms are referred to herein as the “Agreement.” AS FURTHER EXPLAINED IN SECTION 3, PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY FACTOR IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Factor will make a new copy of the Terms available at the Site and within the App and any new Supplemental Terms will be made available from within, or through, the Site or within 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 shall stop using the Site, the App and/or the Offerings. Otherwise, your continued use of the Site, the App and/or Offerings constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.