Terms & Conditions

Last Updated: 12/16/2020

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.mealprepmanual.com website operated by TMPM Enterprises LLC doing business as The Meal Prep Manual (“us”, “we”, or “our”), referred to hereinafter as “the site”.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Purpose

These Terms & Conditions are here to outline the rules, terms, and conditions for users and viewers of the site.

Disclaimer

By using this site you understand and agree that we provide recipes and are a health and fitness coach.  We are not medical doctors, physical therapists, nutritionists, or any other medical professional.  Any medical questions should be directed toward your own medical professionals and you should clear any changes to your diet, exercise, and lifestyle with them before embarking on new changes to your normal lifestyles.

Intellectual Property and Content

The Site and its original content, features, and functionality are owned by TMPM Enterprises LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  The information and contents found on this site, including but not limited to, recipes, knowledge articles, newsletters, and programs are not to be shared, published, or duplicated without express written consent of TMPM Enterprises LLC.  By accepting these terms you are agreeing to keep the information on this website private and for your own personal use.  Breaking this agreement will lead to the termination of your account without refund and possible legal action.

TMPM Enterprises LLC reserves the right to participate in brand sponsorships with other companies and businesses as TMPM Enterprises LLC sees fit.  Any paid sponsorship will be disclosed with the endorsement.  Targeted advertisements from Google Ads or other similar services are not utilized on this website.

Fees for Services

You agree to pay to The Meal Prep Manual any fees for each Service you purchase or use in accordance with the pricing and payment terms presented to you for that Service. You will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify The Meal Prep Manual of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

Subscriptions

The Meal Prep Manual offers Services billed on a subscription basis (Subscriptions). This means that you will be billed on a recurring basis. Billing cycles are either monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you choose to not auto renew, cancel auto-renewal through your online account management page, or contact a member of The Meal Prep Manual for assistance in suspending. You may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating.

Price Changes

The Meal Prep Manual may change the fees charged to you for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. The Meal Prep Manual will provide you with advance notice of any change in fees.

Refund Policy

The Meal Prep Manual does not offer refunds on any of the MPM Club Subscriptions.  The MPM Club has a Silver level membership that is free of charge.  If you are unsure if you would like to purchase a Gold level subscription, please use the Silver level as a trial version first.

Passwords

If you have been issued an account by The Meal Prep Manual, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not The Meal Prep Manual, are responsible for any activity occurring in your account (other than activity that The Meal Prep Manual is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, notify The Meal Prep Manual immediately. Accounts may not be shared and may only be used by one individual per account.

Nutritional Information

Included with every recipe developed by The Meal Prep Manual is an estimation for the recipe’s nutritional statistics by way of MyFitnessPal.  These values are estimates, not exacts, and they should be treated as such.  Due to constraints in measurement capabilities, variations in ingredients, and personal preferences it is not possible to achieve exact values for caloric and macronutrient load.  Upon acceptance to these terms and conditions you are agreeing that you understand the nutritional information is only an estimate and not exact values.

Emails

By agreeing to these Terms you agree to receive emails from The Meal Prep Manual.  Your information is secure and is not available to any person or entity outside of The Meal Prep Manual (TMPM Enterprises LLC).  It will not be shared or sold to anywhere else.

Exercise Programming

In consideration of the risk of injury while participating in any exercise programming (the “Activity”) from The MPM Club/The Meal Prep Manual/TMPM Athletics (TMPM Enterprises, LLC) and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge TMPM Enterprises, LLC and their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.

Termination of Services

You may terminate your Subscription and delete your account at any time through your member page. Termination and deletion will result in the deactivation of your account and access to it. Terminations are confirmed immediately and you will not be charged again for that Subscription unless you purchase a new one. For terminations that occur in the middle of a billing cycle, you will not receive a refund unless for any of the following reasons: (1) a refund is required by law; or (2) we determine a refund is appropriate. To be clear, refunds will not be granted where you purchased access to and used the Services unless the termination is mutually agreed upon or a refund is required by law.  We offer a Silver level membership that is free of charge.  Please use this as a trial version before you purchase a Gold level membership if you are unsure.

The Meal Prep Manual may terminate your Subscription at the end of a billing cycle for any reason with 2 weeks notice.  The Meal Prep Manual may terminate your Subscription immediately, with no notice, if you breach these Terms and Conditions.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.  Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Privacy

Please see our Privacy Policy.

Arbitration Clause

If you have any complaint or should any issue arise in the use of the Site, contact us directly first by emailing Josh at
[email protected]

At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Missouri law. If we are unable to amicably resolve your dispute in that manner, you agree that you and TMPM Enterprises LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to these terms, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 10 miles of Kansas City, MO.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Missouri. The only award that can be issued to you is a refund of any payment made to TMPM Enterprises LLC for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.

Limitation on Liability

In no event will the company, its affiliates 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 website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, 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 foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its 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 of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and TMPM Enterprises LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. 

This website is operated by TMPM Enterprises LLC, a Missouri limited liability company.