Terms & Conditions EVOLVE Eats
EVOLVE FLAGSTAFF owns and operate this Website. This document governs your relationship with www.evolveflg.com/evolve-eats, which is based in the United States. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions, and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and EVOLVE Eats will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of EVOLVE Eats or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by EVOLVE Eats and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Memberships will always be confirmed by email or written notice.
In order to contract with EVOLVE Eats, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.EVOLVE Eats retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be EVOLVE Eats or may in some cases be a third party. Where a contract is made with a third party EVOLVE Eats is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract.
When you place an order, you will receive an acknowledgment email confirming receipt of your order: this email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods or Membership which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed. You will be charged weekly on Monday for that week’s meals. You can cancel, or pause your Membership at anytime. Note this is your responsibility to manage your subscription in MoonClerk.You will receive a weekly email to place your orders. EVOLVE Eats will not be responsible for a mismanaged account. If you do not place an order for meals and do not pause your membership, you will be charged for meals but will not receive meals for that week.
(b) Pricing and Availability.
Whilst we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods or services which you have ordered we will inform you of this as soon as possible and give you the option of confirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as canceled. If you cancel and you have already paid for the goods, you will receive a full refund. Additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorization check on your VISA, Mastercard, Discover or American Express card through Authorize.Net (http://www.authorize.net) or PayPal (https://www.paypal.com) to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods or membership you wish to purchase. Once the goods or membership have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods or membership you have purchased as listed in the confirmation email. All transactions are secured through a 128 bit Certificate for all website communications.
(d) Meals / Subscription Changes.
Changes to subscriptions or meal selections must be made by the deadline which is every Thursday at 12:00 AM. To make changes to your meals or subscription please sign in to your MoonClerk account and click on “Change Subscription”. To change your order, please email abby@evolveflg with your name and food item changes.
There is a consecutive 2-week minimum commitment for new customers that sign up for a subscription. If a subscription is canceled before the 2nd delivery, you may be charged the discounted difference.
(e) Pauses / Cancellations / Refunds.
Pauses and cancellations must be submitted before our weekly deadline which is every Thursday at 12:00 AM. After our cutoff time orders enter the production schedule and are unable to be removed. Refunds will not be issued for meals in production. To pause or cancel your account please log into your account and click on “Pause” or Cancel”. Refunds will not be issued for meals that have been delivered.
(f) Statement Regarding Food Allergies.
All meals do not contain gluten or dairy. We cannot certify that they are gluten-free, but we use all certified gluten-free ingredients. If you have any allergies, you must notify EVOLVE Eats prior to making an order. If you are a current EVOLVE Eats customer, and discover that you have an allergy, or develop an allergy, you must notify EVOLVE Eats immediately. Failure to notify EVOLVE Eats of new allergies will limit EVOLVE Eats liability for any and all damages to the cost of the order. Failure to notify EVOLVE Eats of existing allergies will absolve EVOLVE Eats of all liability for damages. The eight most common food allergens are as follows: milk, eggs, peanuts and tree nuts (such as almonds, cashews, and walnuts), fish (like bass, cod, flounder), shellfish (including crab, lobster, and shrimp), soy and wheat. Please be advised that some meals may contain these allergens and also contain the no-calorie sweetener, stevia. If you’re allergic to any of these items, you should know that we prepare foods in our kitchens with these ingredients, and while we make every effort not to do so, we cannot guarantee that there won’t be any cross contamination with your other meals. Food allergy reactions can range from mild to severe. If you have any food allergies we advise you to exercise extreme caution when ordering from EVOLVE Eats. If you If you have moderate to severe allergies we cannot recommend EVOLVE Eats for you. EVOLVE Eats offers all gluten-free meals but these meals are not prepared in a gluten-free facility. If you have any questions regarding your food allergy, please contact our customer service department at 928.793.6237
(g) Not Medical Advice.
The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician or Registered Dietitian before beginning any diet, nutrition, or fitness plan. Our in-house dietitian is meant to offer internal advice to our staff on meal composition. Individual plans can be determined only after an initial consultation. Always seek the advice of your physician or other qualified healthcare provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.
(h) Medical Conditions
Our meal delivery program is cardiac and diabetic friendly. Note that meals vary weekly and may not always be appropriate to fit your personal needs. Personal needs can be discussed with our registered dietitian who can deem this as an appropriate program for you. If you are an individual living with diabetes, you agree to participate in a meal delivery program only with the express consent of your physician and registered dietitian. Our meals are intended for use only by healthy adult individuals. They are not intended for use by minors, pregnant women, or individuals with any type of health condition which could be adversely affected by diet.
(i) Food Storage.
EVOLVE Eats accepts no responsibility for damages related to meals that have been improperly stored. After meals are taken into your possession they should be refrigerated promptly. Failure to promptly refrigerate meals will absolve EVOLVE Eats of any liability or responsibility for damages related to meals that have been improperly stored after delivery. Meals must be reheated to 165º F to ensure food safety.
We reserve the right to suspend or terminate your user account and refuse any and all current or future use of this website, or any portion thereof by you. You agree not to assign, transfer or sublicense your rights as a registered user of this website. You further agree to not register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this website.
When you visit EVOLVE Eats website or sign up for weekly meals from EVOLVE Eats, and send us information for processing your order, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In addition, EVOLVE Eats may deliver communications (including legal notices) to you at the street address provided in your EVOLVE Eats membership account. Finally, EVOLVE Eats may deliver communications to you by any means set forth in any other EVOLVE Eats policy or notice published on the Website.
While EVOLVE Eats does value local and organic produce, we cannot guarantee that all of our produce is organic, Non-GMO, Local or Gluten Free. While our intentions are to purchase these items local and organic when possible, we do not assume any liability in claims of being 100% organic, Non-GMO, Local or Gluten Free.
(m) Meal Pick-up
You may pick up your meals on Monday from 11:30 AM-6:30 PM. You may also pick up Tuesday-Sunday from 11:30 AM-6:30 PM, unless otherwise stated or agreed upon. Meals plans are made to order and failure to pick-up the delivery in person relieves EVOLVE Eats of all liability for orders left over. Refunds and Reschedules will not be accepted. Reusable tupperware can brought back within the previously stated pick-up windows in order to receive points towards free meals.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law EVOLVE Eats and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect EVOLVE Eats’ liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the homepage. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with EVOLVE Eats and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to EVOLVE Eats.
You agree to indemnify, defend and hold harmless EVOLVE Eats, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
EVOLVE Eats shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. You can contact us directly by email at firstname.lastname@example.org or by phone 928.793.6237
You can also write a letter to:
100 W. Birch Ave
Flagstaff, AZ 86001
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Any action involving a dispute between EVOLVE Eats and Customer must be adjudicated in Coconino County.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and EVOLVE Eats. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of EVOLVE Eats.
Customer Service Contact
You can contact us directly by using one of the following methods;
100 W. Birch Ave
Flagstaff, AZ 86001
ATTN: EVOLVE Eats
Have questions? Feel free to call us with any questions, we are glad to walk you through the ordering process!