eliving Membership Agreement

This Membership Agreement is by and between eliving LLC (“eliving”) and you. Your use of eliving’s services, including, but not limited to, the purchase of meals from eliving or the use of any website provided by eliving (hereinafter collectively referred to as the “Services”) is subject to the following:

The terms and conditions of this Membership Agreement;
Your agreement to eliving’s Health Information and Physician Consultation Agreement;
eliving’s Website Terms and Conditions of Use, which are incorporated herein specifically by reference; and
eliving’s Privacy Policy.

We also reserve the right to cancel your membership should you violate any terms and conditions that are applicable to this Membership Agreement.

BILLING INFORMATION; SHIPPING AND ORDER CHANGES.

For meal plans, your credit card will be charged for your specified program at the time of registration and will renew automatically based on the billing cycle established at sign up. You may cancel your automatic renewal any time by calling 877-704-6789. The automatic renewal will no longer bill your credit card after cancellation, and you will no longer receive any meals subsequent to cancellation.
For meal delivery programs, your credit card will be charged for your specified program plan (“Program”) when you sign up for the Program. Your initial program purchase must be for a minimum of four (4) weeks. The initial four week program order is non-cancellable and non-refundable. Subsequent program orders may be cancelled. However, you may only cancel a subsequent program order by calling 1-877-704-6789 or online through your account page. We will continue to ship any meals you ordered in accordance with our delivery schedule for a period of three (3) business days after the date we receive your cancellation notice. We will refund our charges to you for any meals that you ordered that we do not ship after receipt of your cancellation notice. Consult your account page at www.eliving.com for the Order Dates and Reschedule Dates that apply to your Program.
Your meals will be automatically shipped to you each week unless you contact us prior to your order's Shipment Date. To change an upcoming order, you can access your account page and reschedule, and modify future orders up to the shipment date, or call us at 1-877-704-6789. Although eliving makes every reasonable effort to deliver items you've requested for your order, please note that product availability may change without notice. eliving reserves the right to substitute a similar item in your order. These Programs are available in the continental USA only.
From time to time, eliving may offer trial memberships for digital plans. Terms and conditions of trial memberships will be expressly stated during the sign-up process. Activation of trial membership requires a valid credit card.

PARENTAL OR GUARDIAN PERMISSION.

You must be 18 years or older to enter into this Membership Agreement.

PRIVACY.

Please review our Privacy Policy, which also governs your use of any website provided by eliving (collectively, the “Website”), to understand our privacy practices.

COMMUNICATIONS.

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We will 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. eLiving may also deliver communications to you electronically. In addition, eliving may deliver communications (including legal notices) to you at the street address provided in your eliving membership account. Finally, eliving may deliver communications to you by any means set forth in any other eliving policy or notice published on the Website.

YOUR MEMBERSHIP ACCOUNT.

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. eliving and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. 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 eliving account; (c) take responsibility for all charges resulting from use of your eliving account, including unauthorized use prior to your notifying eliving of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and (d) update your Personal Information (as defined in our Website Privacy Policy), including email address, as appropriate.

DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY

You hereby agree to the Disclaimers of Warranties and Limitation of Liability in the eliving Website Terms and Conditions of Use.
In addition, you agree to the following Disclaimer of Warranty and Limitation of Liability with respect to the products or Services provided to you in connection with this Membership Agreement:
ELIVING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS OR SERVICES PROVIDED BY ELIVING TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ELIVING 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 ELIVING OR 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, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED TO YOU BY ELIVING, EVEN IF ELIVING IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ELIVING'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 ELIVING, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Users of the Website (individually and collectively, "User") expressly agree that use of the Website is at User's sole risk. Neither eliving, nor its 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. eliving does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to 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 ELIVING ON AN "AS IS" AND "AS AVAILABLE" BASIS. ELIVING 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, ELIVING 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 ELIVING OR 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, 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 ELIVING IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ELIVING'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 ELIVING, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
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.

CONTACTING ELIVING

You may contact us by email to support@eliving.com (provide your first and last name and user name; we will not open your email if it contains an attachment); by mail to

eliving, LLC
5801 Peachtree Dunwoody Road
Atlanta, GA 30342
Attn: Member Services

(provide your first and last name, user name, and email address); or by phone to our Member Services Department at 1-877-704-6789.