Terms and Conditions

Agreement of Service for Single Fixin’s by Fixin’ To Eat

This Policy and Terms Services Agreement (“Agreement”) governs the use of the Fixin’ To Eat, LLC Service (“Service”) at Fixin’ To Eat, LLC (“Service Provider”) website and facilities. You can access this Agreement at any time from the bottom of any page of the Service.

Please read this Agreement carefully. Since the Service is designed to provide our customers the primary means of communication with Fixin’ To Eat, LLC, of information, opinions and comments, and an enjoyable and informative experience for all, it’s users must abide by certain rules. Your use of the Service will constitute your agreement to comply with these rules.

If you do not agree with the rules contained in this Agreement, please do not use our Service.

The following rules may be modified by Service Provider from time to time. Notice of revisions to this Agreement will be announced on this page. Continued use of the Service by you will constitute your acceptance of any changes or revisions to the Agreement, so it’s wise to check this page regularly.

Your failure to follow the Service’s rules, whether listed below or in supplemental notices posted at various points in the Service, may result in termination of your access to the Service, without notice, in addition to Service Provider’s other remedies.

  1. Use of the Service by You

– Your right to use the Service is personal to you: You may not authorize others to use the Service in a manner which conflicts with these Terms, and you are responsible for all of your own use of the Service.

– You agree that the Service shall be used for lawful purposes only and that you will not use any obscene, indecent or offensive language, or place on the Service any material that infringes in any way on the rights of others, or is false, defamatory, abusive, harassing or hateful. Further, you may not place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone’s privacy, encourages conduct that would constitute a criminal offense or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree and acknowledge that your failure to follow the rules set forth in this Agreement may subject you to civil and criminal liability.

– Other than connecting to Service Provider’s servers by HTTP requests using a Web browser, you may not attempt to gain access to Service Provider’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.

– You agree that you shall not upload, post, or otherwise make available to the Service any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You agree that the burden of determining that any material is not protected by copyright, trademark or other proprietary right rests with you. You agree and acknowledge that you shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, or proprietary rights, or any other harm resulting from any uploading, posting or submission.

– The Service contains copyrighted material, trademarks, and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire content of the Service is copyrighted as a collective work under the United States copyright laws. The Service Provider owns a copyright of the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third-party content provider owns the copyright in the content original to it. You are prohibited from, and agree not to, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of the Service, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication, or commercial exploitation of downloaded material from the Service will be permitted without the express, written consent of the Service Provider and any other applicable copyright owners. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletions of author attribution, trademark, legend or copyright notice shall be made. You hereby agree and acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

– You agree upon registration with the Service to provide the Service with accurate and complete name and e-mail address information, and to promptly update this information from time to time as needed.

– Postings or e-mails are not private. All other information and material you supply or communicate to the service is governed by the Service’s, which is accessible at any time from the bottom of any page on the Service.

– You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others’ use of the Service. You further agree not to alter or tamper with any information or material on, or associated with, the Service.

– You acknowledge that the Service Provider has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. Linking to any other service or site from this Service is at your sole risk.

Copyright Complaints

Fixin’ To Eat respects the intellectual property of others, and we require our users to do the same. Fixin’ To Eat may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others.

If you believe that your work has been copied and is accessible on the Fixintoeat.com service in a way that constitutes copyright infringement, or that Fixintoeat.com contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Fixin’ To Eat by mail at 8940 W. Bell Rd. Ste 101, Peoria, AZ, 85382.

Material Provided by Others

You agree that the Service Provider is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including but not limited to, infringing, defamatory, offensive or illicit material.

Indemnification

You agree to indemnify the Service Provider and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including attorney’s fees) that may arise from your submissions, from your unauthorized use of material obtained through the Service, from your breach of this Agreement, or from any such acts arising though your use of Service.

Additional Rules

The Service Provider reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Service. Such additional rules will be posted in the relevant parts of the Service, and will be clearly identified. Your use of the Service constitutes your agreement to comply with these additional rules.

Disclaimer of Warranty and Limitation of Liability

YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS”, AND THE SERVICE PROVIDER AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, LLCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, LLCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS.

SERVICE PROVIDER AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.

THE SERVICE PROVIDER AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, LLCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LLCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Termination

Service Provider has the right to terminate your ability to access the Service, for any reason, without notice.

Jurisdiction

You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Arizona applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Arizona. In addition, you agree to submit to the personal jurisdiction and venue of such courts.

Severability

If any provision of this Agreement or portion thereof shall be declared invalid for any reason, the invalid provision or portion thereof shall be deemed omitted and the remaining terms shall be given full force and effect.

Entire Agreement

This Agreement is the complete and entire agreement between the parties and supersedes any prior agreement, whether written or oral. If you don’t agree to the terms contained in this Agreement, please exit the Service now.

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Privacy Policy

Information We Gather and Track

This site is owned and operated by Fixin’ To Eat®. Your privacy on the Internet is of the utmost importance to us. At Fixin’ To Eat®, we want to make your experience online satisfying and safe. Because we gather certain types of information about our users, we feel you should fully understand our policy and the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it.

Fixin’ To Eat® gathers two types of information about users:

* Information that users provide through optional, voluntary submissions. These are voluntary submissions to receive our electronic newsletters, to receive periodic promotions, to email a friend, to receive information from our trusted partners and from participation in contests, sweepstakes, polls and surveys.

* Information Fixin’ To Eat® gathers through aggregated tracking information derived mainly by tallying page views throughout our sites. This information allows us to better tailor our content to customers’ needs and better understand the demographics of our customers. Under no circumstances does Fixin’ To Eat® divulge any information about an individual user to a third party, unless a user has opted in to allow sharing of information.

Fixin’ To Eat® Gathers User Information In The Following Processes:

  1. Electronic newsletters policy and email promotions

We offer a free electronic newsletter and periodic email promotions to users. Fixin’ To Eat® gathers the email addresses of users who are registered on our site. Users may remove themselves from this mailing list by following the link provided in every newsletter or email promotion that points users either to the subscription management page or the unsubscribe link.

  1. “E-mail this to a friend” policy

Our site users can choose to electronically forward a link, page, or documents to someone else by clicking “e-mail this to a friend”. The user must provide their email address, as well as that of the recipient. This information is used only in the case of transmission errors and, of course, to let the recipient know who sent the email. The information is not used for any other purpose.

  1. Contests, Sweepstakes and Promotions

Fixin’ To Eat® may occasionally conduct contests and sweepstakes in conjunction with its trusted partners for an opportunity for users to win prizes. The user must provide their email address and other contact information as needed for the particular contest or sweepstakes. This information is used in accordance with the rules applicable to such sweepstakes, contest or promotion. You should carefully review the rules of each sweepstakes, contest, and promotion in which you participate through the Site, as they may contain additional important information about Fixin’ To Eat’® or a sponsor’s use of your Personal Information.

  1. Polling

We may offer interactive polls to users so they can easily share their opinions with other users and see what our audience thinks about important issues. Opinions or other responses to polls are aggregated and are not identifiable to any particular user. Fixin’ To Eat® may use a system to “tag” users after they have voted, so they can vote only once on a particular question. This tag is not correlated with information about individual users.

  1. Surveys

Fixin’ To Eat® may occasionally conduct user surveys to better target our content to our audience. We sometimes share the aggregated demographic information in these surveys with our sponsors, advertisers and partners. We never share any personally identifiable information gathered as part of these surveys.

Children

Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent.

Usage Tracking

Fixin’ To Eat® tracks user traffic patterns throughout all of our sites. However, we do not correlate this information with data about individual users. Fixin’ To Eat does break down overall usage statistics according to a user’s domain name, browser type, and MIME type by reading this information from the browser string (information contained in every user’s browser). Fixin’ To Eat® using tracking information to determine which areas of our sites users like and don’t like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you.

Cookies

We may place a text file called a “cookie” in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable us to relate your use of this site to information that you have specifically and knowingly provided. But the only personal information a cookie can contain is information you supply yourself. A cookie can’t read data off your hard disk or read cookie files created by other sites. Fixin’ To Eat® uses cookies to track user traffic patterns (as described above). Our advertising system uses cookies to better understand what you are interested in, track ad impressions and click rates. Our display advertising partner, then enables us to present you with retargeting advertising on other sites based on your previous interaction with fixintoeat.com. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number. You can refuse cookies by turning them off in your browser. If you’ve set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You do not need to have cookies turned on to use this site. However, you do need cookies to participate actively in message boards, forums, polling and surveys.

Behavioral Advertising

We may also use third-party vendors, such as Google Analytics, to advertising to our users online. These third-party vendors may display Fixin’ To Eat® advertisements on other websites based on user’s internet usage. More specifically, these vendors use first-party cookies (such as the Google Analytic cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on a user’s past visits to the Fixin’ To Eat® Site. Any information that these third parties collect via cookies is not linked to any personally identifiable information (name, address, email address, or phone number) we collect or you provide on the website. Users can opt-out of Google Analytics for Display Advertising by using Google’s Ads Settings.

Use of Information

Fixin’ To Eat® uses any information voluntarily given by our users to enhance their experience in our network of sites, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of our users. As stated above, we use information that users voluntarily provide in order to send out electronic newsletters and to enable users to participate in polls, surveys, promotions, and sweepstakes or contests. We reserve the right to share this personally identifiable information with third party sponsors of such sweepstakes, contests, and promotions (irrespective of whether it is hosted by us), or otherwise in accordance with the rules applicable to such sweepstakes, contest or promotion. You should carefully review the rules of each sweepstakes, contest, and promotion in which you participate through the Site, as they may contain additional important information about Fixin’ To Eat or a sponsor’s use of your Personal Information.

To the extent that the terms and conditions of such rules concerning the treatment of your Personal Information conflict with this Policy, the terms and conditions of such rules shall control. We send out newsletters to subscribers on a regular schedule (depending on the newsletter), and occasionally send out special editions or email promotions when we think subscribers might be particularly interested in something we are doing.

When we use tracking information to determine which areas of our sites users like and don’t like based on traffic to those areas, we do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you. We track search terms entered in Search function as one of many measures of what interests our users. But we don’t track which terms a particular user enters.

Sharing Information

Fixin’ To Eat® uses the above-described information to tailor our content to suit your needs and help better understand our customer’s demographics and may share that information for such purposes with its employees and contractors who have a signed agreement with the company not to disclose such information and to abide by the company’s Privacy Policy. We will not share information about individual users with any third party, except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public, unless a user has opted in to allow sharing of information.

Security

Fixin’ To Eat® operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers.

Opt-Out Policy

We give users options wherever necessary and practical. Such choices include:

* Opting not to register to receive our electronic newsletters and email promotions or other newsletters and promotions from our trusted partners.

* Opting not to participate in certain interactive areas, which completely alleviates the need to gather any personally identifiable information from our users

Consent

By using this site, you consent to the collection and use of this information by Fixin’ To Eat®. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

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Product and Handling Terms and Conditions

Customer Agreement

  • Release Fixin’ To Eat, LLC from any and all claims, damages, and causes of action or liabilities which may arise as a result of your storage, cooking and/or consumption of products.
  • Ensure your uncooked meals maintain an internal temperature of 41° or less.
  • Immediately transport your entrees home and place in your freezer.
  • Thaw entrees in the refrigerator (if instructions prompt you to thaw) and cook promptly. Unless otherwise noted, meat and poultry must be cooked within 48 hours of being thaw and seafood must be cooked within 24 hours of being thaw.
  • Follow cooking instructions closely but note that cooking times vary. Using a probe thermometer, ensure proper cooking temperatures have been achieved.

165°F     Poultry, Ground Poultry, Stuffed Product, Casseroles

155°F     Ground Beef/Pork/Lamb, Egg

145°F     Fish, Shellfish, Steaks, Roasts

  • Never thaw and re-freeze entrees.
  • Entrees will maintain their freshness and flavor for four weeks if kept frozen. Dry ingredients purchased should be stored in a cool, dry place and used within 3 months.

Allergen Alert

In compliance with the “Food Allergen Labeling and Consumer Protection Act of 2004” please note that Fixin’ To Eat’ facilities may contain Dairy, Eggs, Crustacean Shellfish, Fish, Tree Nuts, Peanuts, Wheat, Soybeans and Sesame which account for most known allergens. Although Fixin’ To Eat’ store staff take appropriate safety measures, guests should be aware that cross contamination can occur among food products in store kitchens and at stations. The standard ingredients are listed in the posted nutritionals, however, ingredient substitutions can be made at the store level due to regional availability. If guests feel that there may be a chance of allergens in any recipe, especially due to a pre-made ingredients, they need to call the store to ask for specific nutritional information.

Rescheduling/Cancellations

At Fixin’ To Eat, we realize that life happens and we will do our best to accommodate you.  Please realize that we order from our vendors days in advance based on what you’ve ordered.  In order to keep menu prices affordable and food waste to a minimum, the following policies have been established.

-If you need to reschedule your pickup or delivery, please email us at orders@fixintoeat.com AND call us at (623) 583-8283 as soon as you are aware of the need to reschedule.  If your order has already been assembled, we can keep it here in our freezer for up to one week to accommodate the new delivery or pickup date.

-Cancellations received more than 5 days in advance will receive full credit toward a future order.  Orders cancelled within the 5 day window will be considered a last-minute cancellation.

-Last-minute cancellations will result in a store credit for 50% of the original order amount.

-Failure to arrive for your pickup will result in a rescheduled pickup time to be completed within one week.

-Failure to be home to take delivery of your order will result in the order being returned to the store and a pickup time will be scheduled to be completed within one week.  Re-delivery can be scheduled (delivery fee applies).

-Fixin’ To Eat management has the right to deny order refunds and/or store credits based on the customer’s failure to take possession of their order within one week of original appointment date.

Fixin’ To Eat Gift Certificates

Terms & Conditions

  • Fixin’ To Eat paper gift certificates can be redeemed online at www.fixintoeat.com. In order to redeem for an order on www.singlefixins.com the order must be placed over the phone or in person.
  • Electronic gift certificates can only be redeemed on the site where it was purchased.
  • Management does have the ability to transfer gift certificate balances between www.fixintoeat.com and www.singlefixins.com. If needed, please contact us.
  • To redeem gift certificates online, go to www.fixintoeat.com or www.singlefixins.com and enter the gift card number on the checkout page. Fixin’ To Eat gift certificates may not be returned or redeemed for cash or credit except where required by law. Because your gift certificate is used like cash for purchases from Fixin’ to Eat, you are responsible for all transactions associated with your gift certificate, including unauthorized transactions. However, if your gift certificate is lost, stolen or damaged, it can be replaced for the remaining value with proof of the original purchase receipt. To report a lost, stolen or damaged gift certificate please call the Fixin’ To Eat location where it was purchased.

Blog

Terms & Conditions

By using and/or downloading and/or placing online any part of our Content including our News Feeds, or the content they contain, you agree to be bound by these terms and conditions. Fixin’ To Eat, LLC reserves the right to update the terms and conditions as necessary. It is your responsibility to review them periodically.

Fixin’ To Eat Content is provided on an “as is” and “as available” basis. Fixin’ To Eat, LLC gives no warranty of any kind in relation to our blog feed and content and we disclaim all implied warranties, including, but not limited to, satisfactory quality, fitness for purpose, non-infringement, compatibility and accuracy.

Our Fixin’ To Eat blog may contain nutritional news and data, supplied for general information purposes only. The materials contained within these blogs or our websites do not constitute medical advice, which should be sought from qualified medical advisers. Descriptions of, or references to, products or publications does not imply endorsement of that product or publication.

The Fixin’ To Eat Blog contain links to external web sites. In no event shall Fixin’ To Eat, LLC be responsible for the content, accuracy or opinions expressed in these web sites. These web sites are not monitored or checked for accuracy or completeness by us. Inclusion of web sites linked to via content and links in our site does not imply approval or endorsement of the linked web site by us. If you decide to leave our web site and access these third-party sites, you do so at your own risk.

The material displayed on our blogs is provided without any guarantees, conditions or warranties as to its accuracy. All title, ownership rights and intellectual property rights shall remain the property of Fixin’ To Eat, LLC.

Re-production of Content on Other Websites

Any Fixin’ To Eat content placed on your Site (web site, blog, comment, post, etc.) must be accredited to Fixin’ To Eat, LLC with links placed to the original article on our blogs or websites. You are permitted to display the following on your Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it:

  • The headline of the article (but not in the title of the page)
  • An active link to the full article on our blogs or websites (necessary if you place any part of the article, description or headline online)
  • The brief description of the article provided in our RSS Feed
  • The first two paragraphs or the first half of the article if there are less than four paragraphs in total
  • An active link to any Fixin’ To Eat website or blog
  • Our Fixin’ To Eat News Feeds

However:

  • You may not place, or use any software to place, any complete articles from our blogs or websites on your Site, unless you have contacted us first and have received written permission from us to place the entire article online – these full terms and conditions will apply.
  • You must not establish a link from any website that is not owned by you.
  • Use of our logo is not permitted.
  • You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  • You may not directly or indirectly suggest any endorsement or approval by Fixin’ To Eat, LLC of your Site, products, content or any views expressed within your Site.

Our Content may only be placed on Sites which:

  • Do not promote, facilitate or encourage Illegal activities (and do not display actionable Content under UK or US law).
  • Do not promote, facilitate or encourage Hatred of any form (including, but not limited to, Racism, Terrorism, Violence and Discrimination of any kind).
  • Do not have misleading, pornographic or defamatory content.
  • Do not display any material which is in breach of any third party intellectual property rights.

If you use a script to gather the information from our RSS feeds, you must use a server-side scripting language such as PHP or ASP, not JavaScript. You must gather the data from the feeds at regular intervals of an hour or more and use a database to store it. Using a script that gathers data from our site with every page load is not permitted.

Images are the copyright property of Fixin’ To Eat LLC, or respective third party company. Images cannot under any circumstance be copied, saved, used, and/or edited, without written consent of Fixin’ To Eat, LLC.

You (the user) agree Fixin’ To Eat, LLC cannot be held liable/accountable for any problems or loss arising from any widgets, gadgets, software, devices and any such application regardless of whether Fixin’ To Eat, LLC has added input into such application.