Terms

Terms Agreement

Effective Date: February 28, 2020

Welcome to Nurture Life

Nurture Life is a service that provides freshly made, nutritionally balanced, ready-to-enjoy meals for babies, toddlers, kids and families. A team of registered dietitians and professional chefs help develop our menus and recipes. We analyze every ingredient that goes into our meals and strive to source the highest quality ingredients. All our meals are prepared, cooked and packaged in our state of the art peanut and tree nut (except coconut) free production facility located in Bedford Park, IL, then delivered straight to customers’ doors throughout the contiguous United States. When meals arrive, they need to be refrigerated until served.

These terms and conditions set forth the agreement between you, the Customer (“you”), and Nurture Life, Inc. (the “Company” “we” or “us”), with respect to your use of this website, including nurturelife.com (the “Site”), and our meal service (the “Service” or “Nurture Life Service”). Please review this Terms and Conditions Agreement (the “Terms”) carefully. If you do not agree to be bound by these Terms, you may not use the Site or Service; conversely, by using the Site or our Service, you agree to be bound by these Terms. We reserve the right, at any time and from time-to-time, to update, revise, supplement and/or otherwise modify these Terms. If we amend or supplement these Terms, we will notify you. Your continued use of the Site and Service following such notice will indicate your acceptance of any such amendments or supplements.

Privacy

We are committed to protecting the privacy of the personal information you share with us. Our Privacy Policy is incorporated into these Terms. You can review it under the PRIVACY POLICY section or link on our Site.

Nutritional Disclosures

We create meals to help you meet the dietary goals of kids during each stage of development. Our meals are created in collaboration with our registered dietitians with nutritional balance and the United States Department of Agriculture’s MyPlate recommendations in mind. All packaging includes full ingredient lists, allergen statements, heating instructions and nutrition fact panels.

Our production facility is peanut free and tree nut (except coconut) free. Our facility does contain coconut, dairy, eggs, fish, soy and wheat. The Company does not provide dietary advice or medical advice in connection with the Nurture Life Site or Service. The material on this Site is for information purposes only and does not constitute advice of any kind. We are not engaged in providing professional medical advice via this Site or otherwise. You should not view the information provided on this Site as a substitute for, or to augment in any way professional medical advice, diagnosis or treatment of any kind or nature. You should seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or anything you may think could be a medical condition. You should not disregard the professional medical advice you are given from your physician or other qualified healthcare provider or delay in seeking it because of the material you have read or received on this Site or the Company’s Services, or other communications you receive from us. You should always consult with your physician or other healthcare professionals before adopting any dietary advice. The Nurture Life Service may include ingredients to which your child is allergic. You should always check the complete ingredients list to avoid potential allergic reactions. If you suspect that your child may be allergic or has an allergic reaction or is having some other adverse health event, immediately contact your healthcare provider or call 911 in the event of a medical emergency.

Account Creation
In order to access certain features of the Site and utilize the Service, you must complete the registration process to create an account, select a user ID and password, and provide us with current, complete and accurate information as prompted by the registration process. You must maintain and promptly update, as necessary, your account information, including payment details. You must safeguard your password and supervise your account. You understand and agree that you are responsible for any use of your account by anyone you allow to access it and will notify us immediately of any unauthorized use of your account. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one account for the Site.

If you violate these Terms, we may terminate your account without any prior notice to you. If we terminate your account, you may not re-register under a new account unless we formally invite you.

Payment Information

Credit Card Authorization

When you subscribe to our Service and generate weekly subscription orders (“Orders”), you authorize us (through our third party payment processor) to charge you for the initial Order followed by periodic charges, automatically and on a recurring basis, using the payment card information you provide on our payment page, for Orders on a weekly basis. By agreeing to these Terms, you acknowledge the recurring payment feature and accept responsibility for all charges prior to notifying us of any changes or cancellations in accordance with these Terms. We accept most major payment cards (credit, debit, rewards) including, Visa, MasterCard, American Express, Discover, and Apple Pay, as forms of payment for our Service. We are not able to process any other forms of payment. When you subscribe to our Service, we will automatically deduct payments after the applicable Cutoff Date (as defined below) and prior to your shipment day for each Order, unless, no later than the Cutoff Date, you use our “skip a week” feature, pause or cancel your subscription.

The Cutoff Date is the date in which your order has been confirmed and processed and your payment card has been charged. Your Cutoff Date is listed in the Orders section of the Site.

Changes/Cancellation

You may place an order from Nurture Life for the following week before the Cutoff Date. After the Cutoff Date, an order submitted by you constitutes a legally binding offer given by you to us to purchase the product selected.

You acknowledge that changes to your Orders, cancellation of your subscription, pausing of your subscription or requests to “skip a week” must be done before the Cutoff Date for the upcoming week of shipments to be effective. Each time you log into your account and make selections or changes to your Orders, you reaffirm the foregoing authorization for Nurture Life to charge your payment card for your Order and any additional items you elect to purchase.

Refunds/Credits

If your package arrives damaged beyond normal shipping wear and tear or the gel pack(s) are melted, please contact us at support@nurturelife.com or (877) 988-8851 within 24 hours following receipt of your package, and we will determine in our discretion if a replacement package or refund is appropriate based on the information you provide. If you believe that the meal(s) or the food packaging itself has been compromised, DO NOT serve any of the meals from your package and contact us immediately and no later than 24 hours following receipt of your package. Refunds will only be issued in Nurture Life’s sole discretion to either your original form of payment or a credit to your Nurture Life account (at Nurture Life’s option). Any credits issued to your account will automatically be applied to future orders. All credits issued to a Nurture Life account must be used within 90 days of the date of issuance and are not transferable or redeemable for cash or other property.

Nurture Life does not offer a money back guarantee. Since our meals are all prepared made-to-order and perishable, we cannot accept returned packages. All sales are final.

Gift Cards

Nurture Life in its sole discretion may offer gift cards that allow you to give the gift of a dollar amount to be used towards meal order(s) to a friend. If you are the recipient of a gift card, in order to redeem it, you must create an account and in so doing, agree to be subject to these Terms. If you wish to continue receiving orders after your gift card has expired or the value is exhausted, you will need to provide valid payment card information. Gift cards are not redeemable for cash and we cannot replace lost or stolen gift cards. Sales of gift cards are final. From time to time we may also offer promotions, which have unique or specific terms. In those cases, the terms of such promotion shall be deemed to be incorporated into these Terms by reference.

Promotions

Promo codes. From time to time, we provide promotional codes that offer new and current customers a finite amount of money off of one or more orders. If you wish to redeem a promo code, you must create an account and in so doing, agree to be subject to these Terms and any additional terms that we establish for such promotional code. You will also be required to enter valid credit or debit card information in order to redeem a promo code. Promo codes must be entered into your payment information before the order Cutoff Date and time of your first order to be valid. Unless otherwise specified, the promo codes must be used on the customer’s first order, cannot be combined with any other promo code or offer (including credit from the Refer A Friend promotion or Gift A Box program) and cannot be split between multiple orders. Promo codes may not be duplicated, sold or transferred, are not valid for cash and may expire before your use. Nurture Life determines the value of the promo code. Nurture Life reserves the right to change or end promo codes, their value and their terms at any time. Nurture Life owns all rights in and to any promotional code provided to you, and you acknowledge and agree that you have no ownership rights in any form in such codes. You acknowledge and agree that Nurture Life may limit the number of codes available to you and deactivate or terminate any code at any time in Nurture Life’s discretion.

Refer A Friend. We offer a Refer A Friend promotion that allows current customers to invite their friends to try Nurture Life via email and social media. The current customer that invites their friend to try Nurture Life (the “referrer”) will receive a credit in the amount specified by Nurture Life towards their next order for each friend who creates a new Nurture Life account (the “referred user”) and completes at least one order from Nurture Life. The referred user must have never previously created a Nurture Life account. The referrer will receive this credit only if the referred user created their Nurture Life account using the original link sent by the referrer. The invitations sent from the referrer to the referred user expire after 90 days. There is no limit to the number of credits or the number of referred users that a referrer can accrue. The referred user cannot combine the referral credit with another promo code. If the referred user applies an additional promo code where the value is greater than the Refer A Friend credit, the greater value will be used for the first order, and the referrer will still receive their referral credit as long as the referred user creates their account through the link provided by the referrer. Refer A Friend credits may not be duplicated, sold or transferred and are not redeemable for cash. Nurture Life reserves the right to withhold or deduct Refer A Friend credits in the event that Nurture Life determines or reasonably believes that the receipt of the Refer A Friend credit was in error, fraudulent, illegal or in violation of these Terms and any other applicable terms.

Pricing

Nurture Life reserves the right to adjust prices in its sole discretion, and prices may vary by geographic location. Your order and order history on the Site will reflect price changes applicable to your order. You are responsible for checking your order and order history. Any applicable taxes, shipping or other fees are in addition to the product charges and may vary by your geographic location. Once we have provided notice through your account of a price change, your continued use of the Service constitutes your authorization of such price change and your agreement to pay those charges.

Our Foods

Our meals are freshly made to order in our state of the art production facility. We ship our meals refrigerated in an insulated box with gel packs. They will arrive ready-to-enjoy. Our production facility is USDA inspected and meets FDA standards, and our production team adheres to HACCP compliant culinary processes.

Substitutions. Given the nature of our Service and our quality requirements, the specific food items you select are always subject to availability. If selected foods or ingredients become unavailable as a result of market conditions beyond our reasonable control, we reserve the right to substitute menu items and or ingredients of comparable quality and nutritional content.

Limited Quantities. From time to time, a known scarcity of a particular food may cause us to limit the number of items containing that particular food that any individual subscriber can order, to help ensure some availability of that item for more subscribers. We reserve the right to impose these limits in our sole discretion. We are not responsible for unavailability of product due to popular demand.

Delivery and Risk of Loss

Risk of Loss. Title to the food products shipped to you passes at the time of delivery to the address as listed on your account. As these products are perishable, we cannot guarantee the condition of the food products if the delivery is delayed, has to be re-routed or is held for pick-up beyond the scheduled delivery date and time.

Delivery Timing. We have verified through our testing initiatives that our packaging will keep your order fresh and cool for a minimum of 48 hours from the time it leaves our production facility. Depending on external temperatures of the package, your meals may stay fresh beyond this point. Shipments are scheduled to be delivered to customers no later than 9:00pm on the specified delivery date of your order. It is your responsibility to receive and inspect the shipment when it arrives to confirm that it arrived in good condition and to ensure with the use of an accurate kitchen thermometer that the product is still cool (41 degrees Fahrenheit or lower for the internal temperature of meat products). If your delivery arrives later than 9:00pm on the specified delivery date of your order or if meat products arrive with an internal temperature above 41 degrees Fahrenheit, immediately refrigerate all the meals and contact us at support@nurturelife.com or (877) 988-8851 within 24 hours of receiving your package and prior to serving the meals that arrived in your package. We will determine in our discretion if a replacement package or refund is appropriate.

In the event that delivery is delayed as the result of weather or other impediments beyond our reasonable control, we may have to reschedule and/or cancel specified delivery dates. If we cannot reasonably make your delivery at or before the scheduled date/time, we may, in our sole discretion, offer you a credit or refund instead. If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door or in a package room. You will be able to provide additional delivery instructions when you subscribe to our Service, such as requesting that your delivery be left with a doorman or neighbor. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself. The delivery address that you provide when you subscribe to our Service will be your default address for shipments. The Company will deliver your shipment to an alternative address upon request as long as (1) the request is made prior to the Cutoff Date and (2) the alternative address is within a geographic area where we provide our Service. The Company will continue to ship deliveries to the alternative address provided until you notify us otherwise. You are solely responsible for providing the correct delivery address for shipments. The Company will not offer any refunds or credits and takes no responsibility for refused, returned, misaddressed or lost packages due to inadequate delivery instructions or your failure to select the correct delivery address.

Online Content

Site Material. The Site Material is proprietary to Nurture Life and is protected by copyright under both United States and foreign laws. Nurture Life authorizes you to view and download a single copy of the Site Material for your personal use. Unauthorized use of the Site Material is a violation of the Company’s rights under copyright, trademark and other laws. You may not sell or modify our Site Material or reproduce, display, distribute or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other web site is prohibited.

Trademarks. The name Nurture Life and our logos included in the Site Material are, unless otherwise noted, trademarks owned by or licensed to Nurture Life or an affiliated company. From time to time, we may reference trademarks owned and used by third parties for the purpose of referring to the goods or services of such third party. Any such marks are clearly noted, and we make no claim to ownership of those marks. By way of example, Facebook® is a registered trademark of Facebook, Inc., and Twitter ® is a registered trademark of Twitter, Inc.

Your Submissions. We welcome your comments on our Site, products and Service. However, you acknowledge that if you send us creative suggestions, ideas, notes, drawings, concepts, inventions or other information, (collectively, the “Submissions”) the Submissions shall be deemed and shall remain Nurture Life’s property. By submission of any Submissions to us, you assign to us and we shall exclusively own all now known or hereafter existing rights to such Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.

Prohibited Acts. As a user of this Site, you are responsible for your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: (1) transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; (2) send material that reveals trade secrets, unless you own them or have the permission of the owner; (3) send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (4) send material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; (5) send sexually-explicit images; (6) send advertisements or solicitations of business; (7) send chain letters or pyramid schemes; or (8) impersonate another person. We reserve the right to expel users and prevent their further access to this Site for violating these terms or the law and reserve the right to remove any posts from this Site. The violation of any of the terms and conditions set forth in these Terms may result in termination of your subscription and prohibited access to the Site.

NO WARRANTY

NURTURE LIFE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NURTURE LIFE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH NURTURE LIFE STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.

DISCLAIMER
YOU ARE SOLELY RESPONSIBLE FOR AND ASSUME ALL RISKS RELATED TO PROPER HANDLING, STORAGE, COOKING, USE AND CONSUMPTION OF OUR MEALS.

Limitation of Liability/Disclaimer of Consequential Damages

YOU ACKNOWLEDGE AND AGREE THAT NURTURE LIFE’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THIS SITE OR OUR SERVICE WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT SHALL NURTURE LIFE, ITS AFFILIATES OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS SITE OR SITES LINKED TO THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NURTURE LIFE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Links

This Site contains links to web sites owned by third parties. These links are provided solely as a convenience to you and are not an endorsement by Nurture Life of the contents on those other sites. Nurture Life is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If you decide to visit any third-party sites using links from this Site, you do so at your own risk.

Indemnity

By using this Site, you agree to defend, indemnify and hold harmless Nurture Life, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Nurture Life may become obligated to pay arising or resulting from your use of the Site Material or your breach of these Terms. Nurture Life reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Resolving Disputes

Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling or emailing our Customer Experience Team at (877) 988-8851 or support@nurturelife.com. You agree that, in the event that a dispute or claim arises out of or relating to these Terms or the Company’s Privacy Policy, you and the Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after the Company receives notification from you that a dispute exists, all parties shall join in mediation services in Chicago, Illinois with a mutually agreed mediator in an attempt to resolve the dispute.

Miscellaneous

This Site originates from the United States of America. Nurture Life does not claim that the Site Materials on this Site are appropriate or may be used outside of the United States. Access to the Site Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These Terms are governed by the substantive laws of the State of Illinois, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in the State of Illinois with respect to any dispute, disagreement or cause of action related to or involving this Site. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Site, these Terms constitute the entire agreement between you and Nurture Life with respect to your use of this Site and our Service.