Terms of use

ModifyHealth
Program Terms and Policies

RETURN & SHIPPING POLICIES

RETURN POLICY

We love our customers and want to do everything in our power to make things right should a problem arise. If you have an issue with our product, please contact Customer Service 888.7MODIFY (888.766.3439) within seven days of the receipt of your delivery and we will address requests on a case-by-case basis. Because we ship only delicious, fully cooked, healthy - but perishable - food items, we are unable to ever accept returns. However, if there is a problem with your order we are always here to make it right. On a case by case basis, and in our sole discretion, we are able to provide pro rata refunds or credit, in the event of missing items, damaged items, or incorrect meals. We will happily reship items if possible. ModifyHealth may require you provide us with photographic evidence or documentation for a damaged or incorrect meal before any refund may be issued. Should there be an issue with your delivery due to weather or other unforeseen circumstances, our staff will work in conjunction with the carrier as diligently as possible to correct those issues.

SHIPPING POLICY

Please be assured that your meals will be shipped out within seven (7) business days of purchase based on the day of the week the order was placed. We offer shipping to anywhere within the Continental United States. We currently use major carriers such as FedEx for all deliveries, subject to change. Sorry but we cannot ship to P.O. Boxes. All shipments are scheduled for Friday delivery so you will receive an email with your tracking information after Order Shipment and after Order Delivery. For any questions or concerns regarding delivery, please call customer service at 888.7MODIFY (888.766.3439).

Policy for MULTI-WEEK ModifyHealth programs

If you have ordered ModifyHealth products, you will continue to receive shipments each week during the ModifyHealth Program period. If you cancel your ModifyHealth Program after the order cancellation deadline for the week, you will receive deliveries for the week. ModifyHealth Programs provided as gifts cannot be canceled and are nonrefundable. No coupons may be used on these orders.

PRIVACY POLICY
MODIFYHEALTH STATEMENT OF PRIVACY

ModifyHealth is committed to protecting your privacy. This Statement of Privacy applies to ModifyHealth LLC and affiliates, ModifyHealth’s website (www.modifyhealth.com), ModifyHealth’s mobile applications, and other blogs, websites, or surveys provided by us, and governs data collection and usage at all ModifyHealth affiliated sites and services; it does not apply to other online or offline sites, products or services. Please read the ModifyHealth Statement of Privacy. ModifyHealth is a general audience web site, intended for users of all ages. Personal information of all users is collected, used and disclosed as described in this Statement of Privacy.

Notwithstanding anything herein to the contrary, any health information you provide as part of the ModifyHealth Program shall be governed by the ModifyHealth Notice of Privacy Practices set forth at www.modifyhealth.com/pages/privacy.

COLLECTION OF YOUR PERSONAL INFORMATION

As an e-commerce website, ModifyHealth collects personal information, such as your e-mail address, name, home or work address, telephone number, ModifyHealth Program, delivery and dietary preferences, and any other information you choose to provide directly to us. Information collected by ModifyHealth is used solely for the purpose of billing and shipping your online purchases. ModifyHealth does not collect any information about your computer hardware and software.

ModifyHealth encourages you to review the privacy statements of websites you choose to link to from ModifyHealth so that you can understand how those websites collect, use and share your information. We are not responsible for the privacy statements or other content on websites outside of the ModifyHealth website.

Some of this information is collected automatically. When you visit our site, our servers record certain information, such as your internet protocol (“IP”) address, operating system, browser type and language, referring URLs, access times, pages viewed, links clicked and other information about your interaction with the ModifyHealth website or mobile application.

If you access our website via a mobile device or through our mobile application, we may collect information about the mobile device you use to access the site and/or application. With your consent we may collect information about the location of your device and access and collect information from some native applications on your mobile device (i.e. camera, photo album, or contacts) in order to facilitate your use of certain features on the website and/or application.

INFORMATION COLLECTED BY COOKIES OR OTHER SOURCES

When you access ModifyHealth’s website, like most websites, some web information is gathered via “cookies.”  Cookies are small bits of digital information stored by your computer’s browser that tracks initial and subsequent visits, browsing patterns, or products viewed and/or ordered.  Cookies do not ever contain any personal information about you the user, but they do help ModifyHealth deliver you a more personalized and enjoyable web experience.  Your browser should enable you to disable cookies on your computer if you do not wish for this information to be obtainable. 

Our site also uses web beacons.  These work in connection with Cookies and help us count visits and understand how our customers are interacting with our website.  Again, these do not ever pass or read any of your personal information.  

USE OF YOUR PERSONAL INFORMATION

ModifyHealth and its operational service partners collect and use your personal information to process product orders and deliver the products requested. It is possible that ModifyHealth may also use personal information to inform you of other products or services available from ModifyHealth and its affiliates. ModifyHealth may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

ModifyHealth does not sell, rent or lease its customer lists to third parties. ModifyHealth may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your personal information (e-mail, name, address, telephone number) is not transferred to the third party.

We occasionally hire other companies to provide services on our behalf, such as handling the preparation and delivery of meals, providing customer support, processing transactions, or performing statistical analysis of our services. We will only provide those companies the personal information they need to deliver the service. They are required to maintain the confidentiality of your information and are prohibited from using that information for any other purpose.

ModifyHealth may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on ModifyHealth or the site; (b) protect and defend the rights or property of ModifyHealth, including its website; or (c) act under exigent circumstances to protect the personal safety of users of ModifyHealth or the public.

Personal information collected on this site may be stored and processed in the United States or any other country in which ModifyHealth, its affiliates or agents maintain facilities, and by using this site, you consent to any such transfer of information outside of your country.

CONTROL YOUR PERSONAL INFORMATION

ModifyHealth offers its customers choices for the collection, use and sharing of personal information. You may go notify us of your preferences by emailing [info@modifyhealth.com]. Please be sure to provide complete account information so we can identify you in our records.

You may also stop the delivery of future promotional e-mail from ModifyHealth by responding directly to any email you receive with a request to remove you from the mailing lists.

CHANGES TO THIS STATEMENT

ModifyHealth will occasionally update this Statement of Privacy to reflect company and customer feedback. If there are material changes to this Statement or in how ModifyHealth will use your personal information, ModifyHealth will prominently post such changes prior to implementing the change. ModifyHealth encourages you to periodically review this Statement to be informed of how ModifyHealth is protecting your information.

MODIFYHEALTH SECURITY POLICY

Your payment and personal information is always safe. Our software is PCI DSS Compliant for payment processing which is the industry standard and among the best software available today for secure commerce transactions.

TERMS AND CONDITIONS

CONDITIONS OF USE

Use of the ModifyHealth website, any ModifyHealth affiliated site or our mobile application, constitutes agreement to our terms of use. We encourage you to review the following information carefully as they are important and affect your legal rights. These terms of use apply to you whenever you use or access our website, mobile applications, and social media accounts. By accessing a ModifyHealth or ModifyHealth affiliated site you agree to be bound by these terms of use and any terms which may be incorporated by reference.

TRADEMARKS

ModifyHealth and other marks indicated on our site are trademarks owned exclusively by ModifyHealth LLC. The use of these trademarks and trade dress is prohibited if used in connection with the sale of any product that is not ModifyHealth’s, in any manner that seeks to disparages or discredit ModifyHealth or in any manner that may cause confusion among our customers.

COPYRIGHT

All content on this website is the exclusive property of ModifyHealth LLC. Said content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States and international copyright laws and we reserve all rights contained therein. In case of dispute or infringement, we will rigorously defend our rights to this material.

PROTECTING YOUR ACCOUNT

Some portions of this website permit username and passwords to be used. You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account.

LICENSE AND SITE ACCESS

ModifyHealth LLC grants you (the user) a limited, nonexclusive, nontransferable, nonsublicenseable license to access and make personal use of this website. This license does not include the right to distribute or publicly display any content on the website, modify or otherwise make any derivative use of the content on the website, download any material (other than routine page caching), modify any material, or any portion thereof, without the express written consent of ModifyHealth LLC. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of ModifyHealth LLC. You are prohibited from using meta tags or any other hidden text utilizing ModifyHealth’s name or trademarks without the express written consent of ModifyHealth LLC. Any unauthorized use of this websites voids the limited license granted by ModifyHealth LLC and may subject the user to legal liability.

MOBILE APPLICATION LICENSE

ModifyHealth LLC hereby grants you a limited, personal, non-exclusive, nontransferable, nonsublicenseable, revocable license to use our mobile applications downloaded from a legitimate marketplace, solely in object code format and solely for your personal use for strictly lawful purposes.  With respect to any open source or third-party code that may be incorporated in the applications, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing the use of such code.  

CONTENT SUBMITTED BY SITE USERS

If you do post content to this site or otherwise submit material (including, but not limited to, photographs and testimonials), you grant ModifyHealth LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You may not post or distribute content that is illegal or that violates these Terms and Policies. By your submission you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content does not infringe on any copyright or any other third-party right nor violate any applicable law or regulation; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ModifyHealth LLC or its affiliates for all claims resulting from content you supply. ModifyHealth LLC reserves the right to remove any content at our sole discretion. ModifyHealth is not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other use of this site, or any ModifyHealth affiliated site.

Additionally, ModifyHealth is not responsible for, and does not endorse, any content posted by any user of the ModifyHealth LLC websites who is not clearly and unequivocally affiliated with ModifyHealth LLC. Under no circumstance will ModifyHealth LLC be held liable for any alleged loss or damage caused by any third party based on or in connection to any alleged reliance on any content posted by an unaffiliated third party. If you believe that a user of any ModifyHealth LLC site is misusing the site, please contact us directly.

ModifyHealth may, on occasion, display content, advertisements, and promotions from third parties through the websites or included in a shipment. We do not control, endorse, or adopt any content made by a third party. ModifyHealth LLC makes no representations or warranties of any kind regarding this content created by third parties, including, but not limited to, regarding its accuracy. You acknowledge and agree that any interaction with a third party who is providing content is exclusively between you and the third party.

SAFE DIETING

BE SAFE: Our utmost priority is always our customers’ safety. You should always consult with a medical professional or healthcare provider and fully consider all risks before undertaking any service offered here related to any nutrition and dieting program. By using the services and information offered on our website and mobile application, you agree, represent, and warrant that you have received consent from your medical professional and are in good physical health to participate. Everyone is different and participating in any diet or utilizing nutrition advice is done at your own risk. You agree that you are utilizing the services and information on our website and/or mobile application based on your own free will. You knowingly and voluntarily assume all risks associated with any of the services provided on the website or mobile application. Except as otherwise set out in these Terms and Policies, and to the maximum extent permitted by applicable law, ModifyHealth LLC and its affiliates are not responsible or liable, directly or indirectly, for any possible or actual injuries or damages that you sustain from your use or improper use of the information available on the website or mobile application. This includes any third party provided content available through a third-party application, website, or user generated content. You expressly agree that, to the maximum extent permitted by applicable law, you agree that ModifyHealth LLC and its affiliates are not responsible and will not assume responsibility, for any third party activity, regardless if access to such activity is made possible through the use of the website or mobile application.

You understand and agree that the information provided on the website and/or mobile application is not, and is not intended to be, professional medical advice, and is not intended to diagnose, treat, cure, or prevent any injury or disease. You expressly agree that ModifyHealth LLC and its affiliates, are not providing medical advice. You expressly agree that ModifyHealth LLC and its affiliates are not confirming or endorsing the advice of any third-party contributor. You are responsible for your own physical and medical care. Any information or advice available on the website and/or the mobile application is not intended to, and should never be used in place of, the actual advice of your physician or medical professional. We are not responsible for any health problem that may arise or result from any diet, nutritional information, product, consultation, event, or service made available on the website and/or mobile application. In the event you encounter a health or medical issue, please immediately contact your physician or other medical provider immediately. No healthcare professional relationship is created between you and ModifyHealth LLC and its affiliates, by your voluntary usage of this website and/or mobile application.   

LINKS DIRECTLY FROM THE WEBSITE 

If the website contains any link to any other non-ModifyHealth LLC website or resource powered by a third-party, the link is provided for the convenience of the user only.  This includes any link contained within an advertisement or sponsored post.  ModifyHealth LLC has no independent control over the contents of any other site or resource, and does not accept responsibility for any alleged loss or damage that may arise from their use.  Any decision to access any third-party website is at the user’s own risk and is subject to the independent terms and conditions of the accessed website.   

WARRANTIES

The ModifyHealth LLC website and any ModifyHealth LLC affiliated website is provided on an “as is” basis.  ModifyHealth LLC makes no warranty as to any guaranteed reliability, accuracy, timeliness, usefulness, adequacy, or suitability of their website.  ModifyHealth LLC cannot and will not warrant against machine or human error, delays, omissions, or potential loss of data.  ModifyHealth LLC cannot and does not guarantee that any potential download from this website, or any affiliated website, will be free of any computer-based virus, Trojan horse, worm, or computer code that may result in a contamination of a third-party machine.  ModifyHealth LLC cannot warrant or guarantee that this website and its services will be uninterrupted or completely error free at all times.   
 
LIMITATION OF LIABILITY

ModifyHealth LLC’s entire liability and your exclusive remedy in relation to any actual or perceived dispute with ModifyHealth LLC is to discontinue usage of the ModifyHealth LLC website. ModifyHealth LLC and any of its affiliates shall not be liable for any direct, indirect, special, incidental, consequential, or exemplary damages resulting from your use of the website, or for any other allegation or claim related in any way to your use of the website. These exclusions for damages include, without any limitation, damages for unforeseen health issues, lost profits, lost data, work stoppage, computer failure or malfunction, or any other potential commercial damage or loss. In any state or jurisdiction that does not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, ModifyHealth LLC and its vendors and affiliates’ liability shall be limited to full extent permitted by law.

To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, and forever discharge ModifyHealth LLC and any of its affiliates, from and against, and covenant not to sue any such ModifyHealth LLC party for, all claims you have or may have arising out of or in any way related to these Terms and Policies. If you are a California resident, you hereby waive your rights under California Civil Code Section 1542, which states “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

INDEMNIFICATION

You agree to indemnify, defend, and hold ModifyHealth LLC, its officers, directors, employees, agents, licensors, suppliers, and affiliates harmless from and against any claims, actions, demands, damages, awards, judgments, liabilities, and settlements including, without limitation, reasonable legal fees, expenses, and costs resulting from, or alleged to result from your violation of these Terms and Policies, or any use by you of this website in any manner other than as expressly authorized in these Terms and Policies.  

REDEMPTION OF FREE PRODUCT AND COUPON OFFERS

From time to time, ModifyHealth offers its clients special offers and discount codes to be used in conjunction with this website. These offers are frequently disseminated via this website and through email to those who have registered for our email database. They are sometimes posted on our home page (www.modifyhealth.com) or announced via other means of communication in conjunction with the promotion of the ModifyHealth product collection, including radio and TV broadcasts, internet forums and various online websites.

We encourage our clients to redeem these special offers, but we respectfully ask that you not exploit them. ModifyHealth, at our sole discretion, will determine if all purchasing criteria has been met to qualify for stated discount or free product. If you successfully circumvent the software safeguards of this website in order to receive several free products with your order, then we will (at our sole discretion) remove any extraneous free product from your order or cancel the order in its entirety. You will be informed of any order changes via the phone number or email address listed with your order.

APPLICABLE LAW

By visiting www.modifyhealth.com, you agree that the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and ModifyHealth LLC.

DISPUTE RESOLUTION – ARBITRATION

Nearly any concern you may have with ModifyHealth LLC and our products or services can be resolved quickly, easily, and to the customer’s fullest satisfaction simply by contacting our customer service department.  In the incredibly rare situation where ModifyHealth LLC is unable to resolve a complaint to your satisfaction, all parties agree to resolve any outstanding dispute through binding arbitration instead of in a court of general jurisdiction.  

All disputes or claims that arise under or related to these Terms and Policies will be resolved by individual arbitration in accordance with the rules of the American Arbitration Association (“AAA”).  You and ModifyHealth LLC agree that any arbitration will occur in the State of Georgia, Fulton County, and will be conducted by a single arbitrator pursuant to AAA rules and policies.  The arbitrator shall be empowered to grant whatever relief would be available in a court of 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.  Any dispute or appeal over the enforcement of an arbitration award is subject to the exclusive jurisdiction of the state courts of Georgia in Fulton County. 

You agree to arbitration on an individual basis.  Neither you as the customer or ModifyHealth LLC shall be entitled to join or consolidate claims by or against other customers 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 to be unenforceable, the unenforceable provision is severable and the remaining terms shall remain enforceable.   

CANCELLATION POLICY

Because we plan our meals in advance, we require advance notice for cancelling an account. We also require advance notice for skipping weeks and changes to order items. To cancel or skip a delivery, you may either process these requests via our website or by calling us to assist you at 888.7MODIFY (888.766.3439).

CHANGES IN POLICY

ModifyHealth LLC reserves the right to modify, alter, delete and update these policies at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions.

ENTIRE AGREEMENT

These Terms and Policies, together with the ModifyHealth Notice of Privacy Practices, constitute the sole and entire agreement between you and ModifyHealth LLC with respect to the website (www.modifyhealth.com or any affiliated site(s)) and our mobile application, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the website, any affiliated site(s), and our mobile application.