Thank you for visiting Trifecta Nutrition, Inc.'s website (referred to as "Trifecta" or "Company"). This Terms and Conditions applies to www.trifectanutrition.com, owned and operated by Trifecta, and any other online interface that links to it, (each, a "Site," an "App", a "Service" and collectively, the "Sites"). This describes the terms and conditions for use of Trifecta's Sites and services.
By using the website, you agree to the terms contained herein. If you do not agree to the terms, please do not use the website. We reserve the right to change this Policy without prior notice. Upon such change you will received notice. Your continued use of the Site constitutes acceptance of any changes.
We offer a money back guarantee on our meals. If you are not 100% satisfied with your first order, you get a full refund up to 7 meals or $119 for a la carte meals. Please call customer service at (530) 564-8388 within 10 days of the receipt of your delivery. 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 (i.e. receipt of a paleo meal on a vegan plan etc.). We will happily reship items if possible. Trifecta may require you provide us with photographic evidence or documentation for a damaged or incorrect meal before any refund may be issued.
Please be assured that your first shipment of Meals will be shipped out within 3-7 business days of purchase based on the day of the week the order was placed. We charge a flat rate $9.99 shipping to most states within the United States, however reserve the right to charge shipping fees as needed with notice. Shipping to Alaska and Hawaii require an additional fee. We currently use FedEx for all deliveries, subject to change. Sorry but we cannot ship to P.O. Boxes.
Meals are shipped weekly. All deliveries are made on Fridays so you will receive an email with your tracking information on the Thursday prior. For any questions or concerns regarding delivery, please call customer service at (530) 564-8388 as soon as possible since the meals are perishable if left in transit too long.
Use of the Trifecta website, any Trifecta subsidiary or 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 Trifecta or Trifecta affiliated site you agree to be bound by these terms of use and any terms which may be incorporated by reference.
Trifecta and other marks indicated on our site are trademarks owned exclusively by Trifecta, Inc. The use of these trademarks and trade dress is prohibited if used in connection with the sale of any product that is not Trifecta’s, in any manner that seeks to disparages or discredit Trifecta or in any manner that may cause confusion among our customers.
All content on this website is the exclusive property of Trifecta, Inc. 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.
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.
Trifecta, Inc. 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 Trifecta, Inc. 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 Trifecta, Inc. You are prohibited from using meta tags or any other hidden text utilizing Trifecta’s name or trademarks without the express written consent of Trifecta, Inc. Any unauthorized use of this websites voids the limited license granted by Trifecta, Inc. and may subject the user to legal liability.
Trifecta, Inc. 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.
Subscription period
Some parts of the service are available only with a paid subscription. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of subscription plan you select when purchasing the subscription. At the end of each period, your subscription will automatically renew under the exact same conditions unless you cancel it or Trifecta, Inc. cancels it.
Subscription cancellations
If the subscription has been made through an in-app purchase, you can cancel the renewal of your subscription with the Application Store. You will not receive a refund for the fees you already paid for your current subscription period and you will be able to access the Service until the end of your current subscription period.
Billing
If required to complete your purchase, you shall provide Trifecta, Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, Trifecta, Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
If the subscription has been made through an in-app purchase, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.
Fee Changes
The Company, in its sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current subscription period. The Company will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the service after the subscription fee change comes into effect constitutes Your agreement to pay the modified subscription fee amount.
Refunds
Except when required by law, paid subscription fees are non-refundable. Certain refund requests for subscriptions may be considered by Trifecta, Inc. on a case-by-case basis and granted at the sole discretion of Trifecta, Inc. If the subscription has been made through an in-app purchase, the Application Store's refund policy will apply. If you wish to request a refund, you may do so by contacting the Application Store directly.
If you do post content to this site or otherwise submit material (including, but not limited to, photographs and testimonials), you grant Trifecta, Inc. 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 Conditions. 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 Trifecta, Inc. or its affiliates for all claims resulting from content you supply. Trifecta, Inc. reserves the right to remove any content at our sole discretion. Trifecta 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 Trifecta affiliated site.
Additionally, Trifecta is not responsible for, and does not endorse, any content posted by any user of the Trifecta, Inc. websites who is not clearly and unequivocally affiliated with Trifecta, Inc. Under no circumstance with Trifecta, Inc. 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 Trifecta, Inc. site is misusing the site, please contact us directly.
Trifecta 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. Trifecta, Inc. 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.
Trifecta wants you to eat right, lose weight, gain muscle, and train hard, but we want more than anything for you to do it safely. IT IS YOUR RESPONSIBILITY TO TRAIN SAFELY. Trifecta wants you to succeed but our information and services are provided strictly for informational purposes only and we cannot be held liable if you get injured, or something goes wrong. IMPORTANTLY, while much of our content is submitted by professional athletes in the Trifecta community, no one can be responsible for your safety and wellbeing besides you. Any exercise or nutrition tip offered on our website or mobile application should never be at the expense of your knowledge and judgment about your body, or actual medical device from your medical professional.
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 exercise or service offered here related to any physical activities, or 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, exercise, physical activity, or utilizing exercise and 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. Any physical activity can pose health risks to anyone, regardless of health.
Trifecta, Inc. is not responsible for any for any inspection, supervision, preparation, execution or conduct of any of the services that are provided via the website or mobile application. Trifecta, Inc. makes no warranties or representations about the accuracy or completeness of the exercises or physical activities available or provided by a third party contributor. ALWAYS PUT YOUR SAFETY FIRST.
Except as otherwise set out in these Terms and Conditions, and to the maximum extent permitted by applicable law, Trifecta, Inc., and its subsidiaries and affiliates, are not responsible or liable, directly or indirectly, for any possible or actual injuries or damages that you sustain from your physical activities, or 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 Trifeca, Inc. and its subsidiaries and 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. The information provided on the website and/or mobile application is not intended to be used as professional medical advice, and is not intended to diagnose, treat, cure, or prevent any injury or disease. You expressly agree that Trifecta, Inc. and its subsidiaries and affiliates, are not providing medical advice. You expressly agree that Trifecta, Inc. and its subsidiaries and affiliates is 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 exercise, diet, nutritional information, product, consultation, event, or service made available on the website and/or mobile application. In the event you encounter or health or medical issue, please immediately contact your physician or other medical provider immediately. No healthcare professional relationship is created between you and Trifecta, Inc., and its subsidiaries or affiliates, by your voluntary usage of this website and/or mobile application.
The Trifecta, Inc. website, and any Trifecta, Inc. subsidiary or affiliated website, it provided on an “as is” basis. Trifecta, Inc. makes no warranty as to any guaranteed reliability, accuracy, timeliness, usefulness, adequacy, or suitability of their Website. Trifecta, Inc., cannot and will not warrant against machine or human error, delays, omissions, or potential loss of data. Trifecta, Inc. 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. Trifecta, Inc. cannot warrant or guarantee that this website and its services will be uninterrupted or completely error free at all times.
Trifecta, Inc.’s entire liability and your exclusive remedy in relation to any actual or perceived dispute with Trifecta, Inc. is to discontinue usage of the Trifecta, Inc. website. Trifecta, Inc., and any of its subsidiaries or 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, Trifecta, Inc. and its vendors, subsidiaries, 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 Trifecta, Inc., and any of its subsidiaries or affiliates, from and against, and covenant not to sue any such Trifecta, Inc. party for, all claims you have or may have arising out of or in any way related to these Terms and Conditions. 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.”
You agree to indemnify, defend, and hold Trifecta, Inc., its officers, directors, employees, agents, licensors, suppliers, subsidiaries, 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 Conditions, or any use by you of this website in any manner other than as expressly authorized in these Terms and Conditions.
From time to time, Trifecta 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.trifectanutrition.com) or announced via other means of communication in conjunction with the promotion of the Trifecta 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. Trifecta, 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. Please, play fair…
Nearly any concern you may have with Trifecta, Inc. 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 Trifecta, Inc. 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 Conditions will be resolved by individual arbitration in accordance with the rules of the American Arbitration Association (“AAA”). You and Trifecta, Inc. agree that any arbitration will occur in the State of California, County of Sacramento, 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 California in the County of Sacramento.
You agree to arbitration on an individual basis. Neither you as the customer or Trifecta, Inc. 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.
Because we plan our meals in advance, we require 7 days advance notice for cancelling an account. We also require 7 days advance notice for skipping weeks and changes to order items. To cancel, give us a call: (530) 564-8388.
These Terms and Agreement and our Privacy Policy constitute the sole and entire agreement between you and Trifecta, Inc. with respect to the websites (www.trifectanutrition.com; and shop.trifectanutrition.com), any subsidiary or 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 subsidiary or affiliated site(s), and our mobile application.
If you have questions concerning the above terms, you can contact us by calling, writing, or emailing us:
Trifecta Nutrition, Inc.
428 J St #800
Sacramento, CA 95814
info@trifectanutrition.com
530-564-8388