1. Terms and Conditions of Use

  2. 1. BINDING AGREEMENT These are the Terms and Conditions which govern the use of The Fresh Diet, Inc. (Fresh Diet tm) website and media pages and the sale and purchase of the Fresh Diet meal delivery plans. By ordering any of our meal plans or using the Fresh Diet website ( and/or, you agree to be legally bound and abide by these Terms and Conditions, just as if you and Fresh Diet had signed an agreement containing these Terms and Conditions. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. By using this Website after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. By agreeing to these Terms and Conditions you also agree to receive our newsletters and special offers. The new law requires us to obtain your consent before we may contact you using our automated dialer. You are not required to give your consent (however it may impact our ability to provide offers to you) and you may cancel this consent at any time by contacting us at 866-FRESH-50 or emailing Rest assured we take your privacy very seriously and your information will never be shared with or sold to any third parties.
  3. 2. PAYMENT Fresh Diet accepts all major credit cards; Visa, American Express, MasterCard and Discover. The account on file will be billed and charged for the full value of delivery days upon ordering. Taxes apply and may vary.

    All Fresh Diet plans are subject to auto renewal for your convenience. You plan will be auto renewed based on the terms below:

    1. a) 31 Day Plan: Meal plans of 31-days or more will auto-renew when there are 7-days remaining in the order cycle. Auto-renew will take place at retail rate. (*may vary based on promotion).

    2. b) 14 Day Plan: Meal plans will auto-renew when there are 7 days left in the order cycle. Auto-renew will take place at retail rate. (*may vary based on promotion).

    3. c) 10 Day Plan: Meal plans will auto-renew when there are 7 days left in the order cycle. Auto-renew will take place at retail rate. (*may vary based on promotion).

    4. c) 7 Day Plan: Meal plans will auto-renew when there are 3-days remaining in the order cycle. Auto-renew will take place at retail rate. (*may vary based on promotion).

    If you choose not to renew your program, please email NONRENEW@TheFreshDiet.Com 5 days prior to your next auto renewal and we will gladly stop your program from renewing. Auto renew pricing is subject to change.


    Customers must provide any changes to delivery schedule or meal selections 72 hours prior to scheduled delivery.


    Fresh Diet offers a three delivery day cancellation period (from your first delivery) which you may cancel your program and be solely charged for the meals delivered and anything that cannot be stopped due to the cut off time. Following the first 3 delivery days the Fresh Diet will not refund the balance of a purchased program. Fresh Diet reserves the right to determine the appropriate course of action and remediation. Meal/Delivery Day refunds may be issued if you are entitled to a food credit or other adjustment. Pricing and/or delivery fees are subject to change.

  7. 6. DELIVERY Fresh Diet makes best efforts to deliver your meals on time. Fresh Diet has a strict ‘Do Not Disturb’ policy. Delivery hours are between the hours of 7 pm and 5 am. Delivery will be left without disturbing clients. Therefore, the location of delivery must allow 24 hour access. Fresh Diet hand delivers meals in sealed, insulated cooler bags 5 times a week with double day deliveries on Thursdays and Saturdays. Please allow three business days to receive your first delivery.
  8. 7. EXPIRATION OF DAYS For meal plans less than twelve (12) months, the expiration date is calculated by adding three times the number of days purchased to the cycle start date. For example, a 62-day plan purchased with a cycle start date of 1/1/2016 will expire 186 days (3 x 62) from 1/1/2016, which is 7/5/2016. For meal plans equal to twelve (12) months, the expiration will be two times 372 days or 744 days from the order date. For example, a 12-month plan purchased on 1/1/2016 will expire 744 days (2 x 372) from 1/1/2016, which is 1/14/2018. Upon this expiration date, The Fresh Diet is no longer liable to fulfill the remaining days purchased.
  9. 8. STATEMENT REGARDING FOOD ALLERGENS 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, Splenda®, also known as sucralose. 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. We caution you to exercise extreme caution when ordering Fresh Diet. If you have moderate to severe allergies we cannot recommend Fresh Diet for you. If you have any questions regarding your food allergy, please contact our customer service department at 1-866-373-7450.
  10. 9. 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 before beginning any diet, nutrition, or fitness plan offered through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. 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 wellbeing.
  11. 10. DIABETES Our meal delivery program is not intended to meet the needs of individuals living with diabetes. 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. 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.
  12. 11. WEBSITE TERMS OF USE If you elect to become a registered user of our Website, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data and any information you provide to us, and to keep it accurate. Without limiting any other provision of these Terms and Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, 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 agree not to assign, transfer or sublicense your rights as a registered user of this Website. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website. Fresh Diet reserves the right to refuse or cancel your membership due to certain medical conditions, including those listed above. We also reserve the right to cancel your membership should you violate any provision of these Terms and Conditions, or any other posted policy on the Website. The contents of this Website, including the text, graphics, images, and information obtained from Fresh Diet's third-party content providers, sponsors, suppliers, and licensors (collectively "Providers"), and any other materials are to be used for informational purposes only.
  13. 12. PARENTAL OR GUARDIAN PERMISSION You must be 18 years or older to purchase any product or service offered on or through the Website. We strongly recommend that minors under the age of 18 ask for their parent's or guardian's permission before viewing the Website, or ordering.
  14. 13 .COMMUNICATIONS When you visit Fresh Diet website or sign up for meal deliveries from Fresh Diet, 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, Fresh Diet may deliver communications (including legal notices) to you at the street address provided in your Fresh Diet membership account. Finally, Fresh Diet may deliver communications to you by any means set forth in any other Fresh Diet policy or notice published on the Website.
  15. 14. RESTRICTIONS ON USE OF WEBSITE Unless otherwise specified, Fresh Diet grants you a nonexclusive, nontransferable, limited license to access, use and display the Website and the material provided thereon for your personal, noncommercial use of ordering meal deliveries, provided that you comply fully with these Terms and Conditions. You acknowledge that this Website contains information, data, software, photographs, videos, text, typefaces, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Content or portions of Content may be copyrighted under the United States copyright laws (and, if applicable, similar foreign laws). All trademarks appearing on the Website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on the Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership or interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior express written consent. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of Fresh Diet. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fresh Diet without our express written consent. You may not use any metatags or any other hidden text utilizing Fresh Diet's name or trademarks without the express written consent of Fresh Diet. Any unauthorized use terminates the permission or license granted by Fresh Diet. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the Website so long as the link does not portray Fresh Diet, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Fresh Diet logo or other proprietary graphic or trademark as part of the link without our express written permission.
  16. 15. YOUR MEMBERSHIP ACCOUNT If you use our Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Fresh Diet and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion in the event improper activity in violation of these Terms and Conditions is suspected or detected. Memberships are non-transferable. You agree to (a) maintain all equipment necessary for your access to and use of the Website; (b) maintain the security of your user identification, password, Personal Information (as defined in our Website Privacy Policy), and any other confidential information relating to your Fresh Diet account; (b) notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password; (d) take responsibility for all charges resulting from use of your Fresh Diet account, including unauthorized use prior to your notifying The Fresh Diet of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and (e) update your Personal Information (as defined in our Website Privacy Policy), including email address, as appropriate.
  17. 16. CONTACTING THE FRESH DIET You may contact us by email at; by mail to The Fresh Diet, Inc.,11900 Biscayne Blvd., Suite 630, North Miami, FL 33181 Attn: Customer Service (provide your first and last name, user name, and email address); or by phone to our Customer Service Department at 1-866-FRESH-50 (373-4750). Customer Service hours of operation are Monday thru Friday 8am – 9pm EST and Saturday and Sunday 9am – 6pm EST.
  18. 17. DISCLAIMERS AND LIMITATION OF LIABILITY Users of our Website (individually and collectively, "User") expressly agree that use of the Website is at User's sole risk. Neither Fresh Diet, nor its parent, officers, directors, employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. Fresh Diet does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information. THE WEBSITE IS PROVIDED BY THE FRESH DIET ON AN "AS IS" AND "AS AVAILABLE" BASIS. FRESH DIET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FRESH DIET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL FRESH DIET OR ITS PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION LOSS, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF FRESH DIET IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OTHER MATTER RELATING TO OUR WEBSITE. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE IS TO DISCONTINUE YOUR USE OF THE WEBSITE. IN NO EVENT SHALL FRESH DIET'S LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY FRESH DIET OR ITS PROVIDERS SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall Fresh Diet or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise and services available through the Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law. Any product, offering, content and material downloaded or otherwise obtained through the use of this website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material. Neither Fresh Diet, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials in the Website in terms of their correctness, accuracy, reliability, or otherwise. No advice or information, obtained by you from our personnel or through the Website shall create any warranty not expressly provided for in these Terms and Conditions.
  19. 18. ONLINE CONDUCT You acknowledge that all Content posted, emailed or otherwise transmitted to or on Fresh Diet Website and Fresh Diet social media pages (Facebook, Twitter, Google+, Instagram, Pinterest, YouTube, etc.), whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email, or otherwise transmit to the Website. We do not control the Postings posted, emailed or otherwise transmitted on the Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of the Website (as set forth below), you understand that by using the Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through the Website. Please refer to Fresh Diet’s Privacy Policy on our website, the terms of which are included herein by reference, for the provisions governing use of our website.
  20. 19. LINKS TO OTHER SITES The Website may reference or link to third-party sites throughout the World Wide Web. Fresh Diet has no control over these third-party sites or the content within them. Fresh Diet cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. Fresh Diet does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. Fresh Diet does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third-party website, you should carefully review such third party's privacy statement and other terms and conditions of use. By using the Website to search for or link to another third-party site, you agree and understand that you may not make any claim against Fresh Diet for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site.
  21. 20. INDEMNITY You agree to defend, indemnify, and hold Fresh Diet and Providers 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, and your further agree that any violation by you of these Terms and Conditions shall constitute a full defense in avoidance of any claim that you may make against Fresh Diet, and that no liability may attach to Fresh Diet in case of such violation by you.
  22. 21. APPLICABLE LAW The Website is created and controlled by Fresh Diet in the State of Florida. The laws of the State of Florida will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Fresh Diet reserves the right to make changes to its Website and these disclaimers, terms and conditions at any time.
  23. 22. ARBITRATION AGREEMENT Any controversy or claim arising out of or relating to this Agreement or the use of this website shall be determined exclusively by arbitration in accordance with the rules of the American Arbitration Association, by a neutral arbitrator in a location within one hundred (100) miles of User’s address where such arbitration shall be held. The decision of the arbitrator shall be final and binding. If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, the refusing party shall pay all court costs and reasonable attorney’s fees incurred in enforcing said ruling or decision of the arbitrator. The parties agree that each may bring claims against the other in arbitration only in their individual capacity, and not as a plaintiff or class member in any putative class or representative proceeding. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then it shall be severed without affecting the entirety of this provision.
  24. 23. COPYRIGHTS Copyright © The Fresh Diet, Inc. (Fresh Diet, and/or 2005-2015. All rights reserved. All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to Fresh Diet [or its content suppliers] and are protected by United States and international copyright law. Fresh Diet enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved. Fresh Diet is a trademark of The Fresh Diet, Inc.
  25. 24. BAGS AND ICE PACKS DEPOSIT Thermal bags and ice packs are the property of Fresh Diet. The bags are to be left out for the delivery driver on nights when deliveries are scheduled for drop-off. Fresh Diet does not take responsibility for any item(s) left in thermal bags when picked up. All initial purchases are subject to a $25.00 thermal bag refundable deposit. The deposit will be added to the charge for the meal delivery plan and be refunded upon written request by customer within 30 days of the expiration of meal delivery service including renewals provided that all thermal bags have been returned to The Fresh Diet, Inc.