Terms of Use

Factor Clinical Trial Meal Program

Terms of Use

Effective: August 13, 2026

Welcome to the Factor Clinical Trial Meal Program and these Terms of Use (“Terms”). These Terms govern your access to and use of the Program website, account, meal-selection and order-confirmation experience, meal products, deliveries, support, and related content and services (collectively, the “Services”). Please read them carefully. Section 19 contains an agreement to resolve most disputes through binding individual arbitration, subject to stated exceptions.

Factor75, LLC d/b/a Factor (“Factor,” “we,” “us,” or “our”) provides the Services to eligible participants in a clinical study sponsored by the “Study Sponsor” and administered by the Study Sponsor, a clinical research organization, or another authorized party (the “Study Administrator”). The Study Sponsor determines the purposes of the clinical study. Factor provides the meal-selection, fulfillment, delivery, and support components of the Program. Factor does not provide clinical care or administer the clinical study.

By completing registration, confirming an order, or accessing or using the Services, you represent and agree that: (1) you have read, understand, and agree to these Terms; (2) you are at least 18 years old and legally able to enter into these Terms; and (3) you are an eligible study participant. If you do not agree to these Terms, do not register, place an order, access the Site, receive or use the Meals, or otherwise use the Services. These Terms incorporate the Factor Clinical Trial Meal Program Privacy Policy by reference.

THESE TERMS ARE AN ENFORCEABLE CONTRACT BETWEEN YOU AND FACTOR WHICH AFFECTS YOUR LEGAL RIGHTS. YOU AND FACTOR AGREE TO RESOLVE DISPUTES BY INDIVIDUAL ARBITRATION OR IN SMALL CLAIMS COURT ONLY, AND TO GIVE UP ALL RIGHTS TO (A) A JURY TRIAL OR (B) PARTICIPATION IN ANY CLASS ACTION. YOU CAN READ MORE ABOUT THESE REQUIREMENTS IN SECTION 19 “DISPUTE RESOLUTION & BINDING ARBITRATION”, BELOW.

PLEASE REGULARLY CHECK THE SITE TO VIEW THE CURRENT TERMS.

  1. INFORMATION ABOUT US. Factor75, LLC is a general corporation incorporated in the State of Delaware with general corporate offices at: 2302 W Indian Trail, Aurora, IL 60506.

  2. SERVICE AVAILABILITY AND YOUR STATUS. The Site, and Offerings, are intended for use by individuals in the contiguous United States of America, excluding Alaska, Hawaii, Puerto Rico, and other U.S. Territories ("Serviced States"). At this time, we do not accept orders from individuals outside the Serviced States. As such, by placing an order through our Site, you represent and warrant that you: (1) are legally capable of agreeing to these Terms; (2) are at least 18 years old; (3) are a resident of a Serviced State; (4) are accessing the Site from a Serviced State; (5) you are an eligible study participant; and (6) have not been previously suspended or removed from the Site or Clinical Trial Meal Program, or engaged in any activity that could result in suspension or removal from the Site or Clinical Trial Meal Program, and have not created or do not have more than one Factor Clinical Trial Meal Program account. 

  3. MODIFICATION. Factor  reserves the right to change, amend, add to, remove, or supplement these Terms, including the Privacy Policy, without prior notice unless required by law. By using this Site, and/or the Offerings following any such change, you agree to follow and be bound by the Terms as modified. As such, Factor  recommends you review these Terms periodically and each time you use the Site, and/or the Offerings.

  4. REGISTRATION AND ACCOUNT SECURITY. To use the Services, you must create an Account, enter the Site ID and Participant ID provided through the clinical trial, and complete eligibility verification. You agree to provide accurate, complete, and current information and to update it when necessary. You may use the Account only for yourself and you may not share your Account credentials, Site ID, Participant ID, or verification code with another person. You are responsible for reasonable steps to protect your credentials and for notifying Factor promptly at accomplish-support@factor75.com or (320) 307-8782 if you suspect unauthorized access or a security issue. Factor may suspend or terminate an Account if information is inaccurate, eligibility cannot be verified, the Account is used by an unauthorized person, or the Account or Services are misused.

    1. Registering Your Account. To utilize specific features on the Site, you will need to become a Registered User. For purposes of these Terms, a “Registered User” is a user who has registered an email on the Site (“Account”) or has a valid account on the social networking service (“SNS”) through which the user has connected to the Site (each such account, a “Third-Party Account”).

    2. Registration Data. Should you create an Account with Factor , you agree to: (1) provide true, accurate, complete and up-to-date  information, as well as updating the information as necessary; (2) maintain the security of your unique code and accept the risks associated with access to your Account which is not authorized by you; (3) notify us as soon as possible either at accomplish-support@factor75.com if you believe there have been any breaches to the security of the Site, the App, or your Account information; and (4) exit from your Account at the end of each session. You represent that you are (a) at least eighteen (18) years old; (b) of legal age to form a binding contract; (c) not a person barred from using the Site or App under the laws of the United States, your place of residence or any other applicable jurisdiction; and (d) you have all rights necessary to provide this information. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Site and App by minors. You may not share your Account or unique code with anyone. If you provide any information that is untrue, inaccurate, not current or incomplete, or Factor  has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Factor  has the right to suspend or terminate your Account and refuse any and all current or future use of Site, App, or Offerings (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself in your own capacity. You agree that you shall not have more than one Account per platform or SNS at any given time. Factor  reserves the right to remove or reclaim any usernames at any time and for any reason. You agree not to create an Account or use the Site or App if you have been previously removed by Factor , or if you have been previously banned from the Site or App. You acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Factor . YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

    3. Communication. By providing your phone number and email address to  Factor through the Site, or in connection with your order, receipt or use of our Site and/or Offerings, you consent to receive calls or emails necessary to verify accounts, confirm orders, manage delivery, and resolve issues.

  1. FACTOR CLINICAL TRIAL MEAL PROGRAM. The Program allows eligible participants to select and confirm an order for an available delivery week, subject to the participant’s current eligibility and any Program limits displayed on the Site. The menu is curated for the clinical study. Non-approved Meals, add-ons, premium upgrades, gifts, and other products are not available through the Program. The Program is not a subscription. You must actively select Meals and confirm an order each week by the deadline displayed on the menu page. If you do not confirm an order, no Meals will be selected or shipped for that week. No payment information is collected or requested, and participants are not charged for Meals or delivery.


  1. DELIVERY. 

    1. Factor Delivery Week. Factor ’s “Delivery Week” for the Clinical Trial Meal Program begins on Saturday and runs through the following Wednesday. The start of our Delivery Week means that new Meals are available to be delivered in your Meal Box. 

    2. Meal Selection Date. Recipe Plan selection and delivery day selection is on a rolling basis. To clarify, if you receive deliveries on Saturdays all selections "lock" Monday by 9:59 PM Eastern Time (“ET”), or if you receive deliveries on Sundays, all selections "lock" Tuesday by 9:59 PM ET, or if you receive deliveries on Monday or Tuesday, all selections "lock" Wednesday by 9:59 PM ET. For example, if your program allows for recipe selection and you receive your Box on Tuesdays, you will have to make your selection of Recipe Options you want included in your Box, or change your delivery day, by Wednesday 9:59 PM ET of the week prior to your existing delivery day.

      Please note that the specific days in which a Meal Box can be delivered varies by geographic region, and delivery on each day will not be available in all areas. If you have any questions about your area and delivery, please contact Customer Care at accomplish-support@factor75.com.

    3. Cancellation Procedures. 

      1. Meal Selection and Order Confirmation. You may place an order for the next available Delivery Week shown on the menu page. To place an order, you must actively select your Meals and the quantity of each Meal and then confirm your order.

      2. You must confirm your order before the applicable order cutoff time displayed on the menu page. After that cutoff time, you will no longer be able to place an order for that Delivery Week, but you may place an order for the next available Delivery Week displayed in your Account.

      3. If you do not place an order for a particular Delivery Week, you will not receive a delivery for that week. Not placing an order for a particular Delivery Week does not close your Program Account or prevent you from placing orders for future Delivery Weeks, provided you remain eligible and authorized to participate in the Program.

    4. Delivery Specifics. We enlist the support of third-party delivery companies to deliver your meals that will generally deliver your meals prior to 9:00 PM local time on your delivery date. Each box is packaged to stay fresh until approximately 8:00 PM local time one day following the original target delivery day. Circumstances can vary depending on actual shipment times, weather, and conditions through transit; should your box arrive late, and you are uncertain about freshness, please contact our Customer Care for guidance. To maintain the highest quality and integrity of the meals after delivery, we recommend that you immediately refrigerate the items upon receipt.  Additionally, you should inspect your package to ensure the contents arrive in a cool, refrigerated condition. The best way to ensure the quality and food safety of the product is to check the meat and fish with a meat thermometer to ensure their internal temperatures are 41 degrees Fahrenheit or below. If a fresh food product arrives at above 41 degrees Fahrenheit, you should contact our customer service and discard the item. If you are not home when a delivery arrives, our delivery person will leave the package for you at your door. In the case of inclement weather, we will deliver your order as soon as reasonably possible when the conditions permit. If your designated delivery location is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date for the delivery.  In the case of weather that inhibits the ability to make safe deliveries, or other events beyond our control that interfere with our ability to deliver your order, we will attempt to deliver your order as soon as possible. In some cases, delivery may occur on a date other than your scheduled delivery day.

  2. FORCE MAJEURE. We will not be liable or responsible for any failure to perform, or delay the performance of, any of our obligations caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) Strikes, lock-outs, or other industrial action; (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster; (4) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) Impossibility of the use of public or private telecommunications networks; and (6) The acts, decrees, legislation, regulations, or restrictions of any government. Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.

  3. RECEIPT OF THE MATERIALS. Factor  uses specific materials to refrigerate perishable items and also uses third party delivery companies to deliver Meal Boxes to customers. Please note that you are responsible for reviewing the Meal Box upon delivery and inspecting all of the Products contained within for any defects or other problems upon delivery. If you are not home when your Meal Box is delivered, the Meal Box will be left at your door or in a common area. Upon the completion of your review of the Meal Box, we recommend that you place all perishables in your refrigerator to ensure the integrity of all meals and contents. The risk of loss and/or damage passes to you at the time of delivery. We highly recommend that you review the USDA’s instructions on safe food handling. All items are solely at your risk from the time of delivery. As such, you are solely responsible for any preparatory steps, storage of the contents of any Meal Boxes, and the warming of Meals. We recommend that you use a thermometer to measure the temperature of any poultry, fish, or meat products that arrive in the insulated portion of the Meal Box, and, pursuant to USDA Guidelines, you should utilize said thermometer to ensure that they are at (or below) 41 degrees Fahrenheit.

  4. FOOD PREPARATION. Factor  recommends that all warming instructions found within our online menu and on the back of your meal tray packaging slip to be followed, and all seafood, meats, and poultry should be cooked to the USDA’s recommended internal temperatures (165 degrees Fahrenheit for poultry; 160 degrees Fahrenheit for ground meats; 145 degrees for whole meats; and 145 degrees Fahrenheit for seafood). Factor  recommends utilizing a food thermometer to verify internal temperatures. For more information, please consult the USDA’s website). Please note that each Meal will have a corresponding meal description found online. If you have any questions or concerns related to your meal or meal warming instructions, please contact accomplish-support@factor75.com or (320) 307-8782.

  5. MEAL AND DELIVERY ISSUES. If a Meal Box or Meal is missing, damaged, late, warm, spoiled, incorrect, or otherwise unsatisfactory, contact accomplish-support@factor75.com or (320) 307-8782 within five (5) days after delivery. Food-safety concerns should be reported immediately, and affected Meals should not be consumed. Factor may request photographs, label or lot information, temperature information, or return of the affected item where reasonably necessary to investigate. Because participants do not pay for the Program, participants are not entitled to refunds or account credits. Factor may, in its discretion and as appropriate, arrange replacement Meals or another operational remedy.

  6. PROPRIETARY RIGHTS. Factor  is the owner and operator of the Site. Additionally, Factor  is the owner of, or duly licensed to utilize, all content, features, and functionality associated with the Site and App (including, but not limited to, all information, text, graphics, software, video, and audio, and the design, selection, and arrangement thereof) published on the Site, the App, or any Offerings (collectively the “Materials”). The Materials are protected by copyright, trademark, trade secret, and/or other intellectual property or proprietary rights laws throughout the world. Subject to these Terms, Factor  grants users a limited, revocable, non-exclusive license to use the Materials solely in order to use Factor ’s Offerings for personal, non-commercial use. Any other use of Factor ’s Materials, including any modification, distribution, or reproduction for purposes other than the personal usage of Factor ’s Offerings, without express written approval from Factor  (which can be provided through email) is prohibited.  Any future release, update, or other addition to the Offerings shall be subject to these Terms. Factor , its suppliers, licensors and its service providers reserve all rights not expressly granted in these Terms.

    1. Trademarks. “Factor,” all other   trademarks, service marks,  logos, titles, characters, names, graphics, product packaging, and button icons associated with the Offerings or Factor  products and services  are service marks, trademarks, and/or trade dress owned by Factor  (or are otherwise proprietary to Factor) (collectively referred to with Materials as the “Factor IP”)  and may not be used by you for any reason other than as expressly permitted by the Terms. All other trademarks, service marks, product names, and company names, logos, designs, imagery, content or slogans appearing by and through the Offerings (“Other Content”) are the property of their respective owners and you do not acquire any ownership rights in or to such the Factor IP or Other Content by using and/or accessing the Offerings. You will not remove, alter, or obscure any copyright notice, trademark, service mark or other proprietary rights notices on the Site or App, or incorporated in or accompanying the Offerings.

    2. Other Content. Except with respect to your User Content, you agree that you have no right, title, or interest in or to any Content that appears on or in the App, Site or Offerings.

    3. Procedure for Making Claims of Copyright Infringement. In accordance with the Digital Millennium Copyright Act and other applicable laws, Factor  reserves the right to terminate any end-user’s access to the Offerings where that end-user infringes upon third-party copyrights. If you believe content posted on the App or Site infringes your copyright, please provide our copyright agent with the following information: (1) the name and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed including, where possible, a copy of the work or the location (e.g., URL or page within the App or Site) of an authorized version of the work, together with information regarding any copyright registration you own for the work you believe to be infringed; (3) a description of the location on the Site or App  of the material that you claim is infringing including the URL or page within the App or Site, that will allow us to locate the material you believe constitutes an infringement; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, or your authorized agent, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Correspondence regarding notice of claims of copyright infringement should be sent to our copyright agent at help@factor75.com, or mailed to Attn: Factor75 Copyright Agent, 28 Liberty Street, New York, NY 10005. Please also see 17 U.S.C. § 512(c)(3) for the requirements of such a notification. You should note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. To protect the rights of copyright owners, Factor  maintains a policy for termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.  

  7. COMMUNITY STANDARDS AND CONDUCT GUIDELINES. You may use Factor  Offerings only for lawful purposes and in accordance with these Terms. By visiting our Site, App, or by using our Products, you hereby agree not to use the Offerings:

    1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

    2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. 

    3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation. To impersonate or attempt to impersonate Factor , an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

    4. To impersonate or attempt to impersonate Factor , an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing). 

    5. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or App, or which, as determined by us, may harm Factor  or users of the Site, or expose them to liability. 

    6. Nothing in these Terms waives or limits any consumer rights under California Civil Code 1670.8. Consumers retain their right to make public statements—both positive and negative—about their experiences with Factor .

      Additionally, you agree not to:

    7. Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site. 

    8. Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site. 

    9. Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent. 

    10. Use any device, software, or routine that interferes with the proper working of the Site.

    11. Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

    12. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

    13. Attack the Site via a denial-of-service attack or a distributed denial-of- service attack.

    14. Otherwise attempt to interfere with the proper working of the Site.

  8. NON-USER THIRD PARTY CONTENT. The Site may contain links to websites or services operated by the Study Sponsor, Study Administrator, carriers, or other third parties. Factor does not control and is not responsible for third-party websites, content, availability, privacy practices, or terms. Accessing a third-party service is at your own discretion and subject to that third party’s terms and notices.

  9.      USER CONDUCT. You agree that you will not violate any law, statute, regulation, intellectual property (including, but not limited to, copyright and trademarks), contractual obligations, other third-party rights, or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site. You agree that you will abide by these Terms and will not: (1) display personal or confidential information related to any third party, including, but not limited to, street addresses, email addresses, last names, telephone numbers, and URLs; (2) attempt to access or use another user’s Account unless permitted to do so, in writing, from both the user and Factor Clinical Trial Meal Program; (3) engage in any behavior which is deemed to be harassment, threatening, stalking or predation of any other person; (4) make any claim, statement, or assertion, or imply, that your claim, statement, or assertion is endorsed by Factor without Factor’s express written consent; (5) engage in the commercial solicitation of other end-users; (6) collect or record end-users’ personal information without their prior written consent; (7) develop or use any third party applications that interact with any of Factor’s Content or the Site without our prior written consent; (8) use the Site in any way that prevents or inhibits other end-users from fully utilizing the Site, or in a way that could overburden or interfere with the functioning of the Site  in any manner; (9) use any manual or automatic process, means, or interface (including, but not limited to robot, spider, script or, browser extension), which Factor  has not authorized to access the Site, to retrieve or index data or content; (10) decipher or reverse engineer any portion of the Site that may reveal source code or bypass items designed to obstruct, limit, or stop access to any Content, specific site within the Site, or code within the Site; (11) access or attempt to access any portion or feature of the Site  which you are not authorized to access, pursuant to these Terms or any subsequent terms; or (12) use the Site for any illegal purpose.


  1. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Factor , our affiliates, service providers, and licensors and their respective directors, officers, agents, contractors, partners, licensors, representatives, suppliers and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, (including reasonable legal fees) arising out of or in connection with Factor ’s use of the User Content, your use of the Site, the App, the Products or any Offerings, or any information obtained therefor other than as expressly authorized in these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us. You agree to promptly notify Factor  of any third-party claims, cooperate with Factor  in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Factor . You agree that the provisions in this section will survive any termination of your Account, these Terms and/or your access to the Offerings.

  2. DISCLAIMERS. 

    1. CLINICAL STUDY AND MEDICAL DISCLAIMER. Factor provides meal-selection, fulfillment, delivery, and customer-support services. Factor does not sponsor, design, conduct, manage, or provide medical oversight for the clinical study and does not determine your eligibility, informed consent, clinical care, medication, diagnosis, treatment, or study outcome. The Site, menu, Meals, nutritional information, and communications from Factor are not medical advice, medical treatment, or a substitute for instructions from your study doctor or other healthcare professional. Direct clinical, medical, and study-participation questions to your study team.

    2. NUTRITIONAL CRITERIA AND RESULTS. The curated menu is intended to offer Meals that meet nutritional criteria established for the Program, but Meals are not individually prescribed and Factor does not guarantee that any Meal is suitable for your individual medical needs or will produce, improve, or affect any clinical result. Menu availability, ingredients, recipes, portioning, and nutritional values may vary as permitted by the Program.

    3. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE PREPARATION (INCLUDING STORAGE, MIXING, BLENDING, AND WARMING), USE, AND CONSUMPTION OF THE CONTENTS OF THE MEAL BOXES. AS SUCH, ALL CONTENTS OF THE RESPECTIVE MEAL BOXES ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND, TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW, ALL EXPRESS AND IMPLIED WARRANTIES ARE DISCLAIMED. THIS SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES FOR THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

    4. Allergen Information. PLEASE NOTE THAT THE NINE MAJOR ALLERGENS, AS DETERMINED BY THE US FOOD AND DRUG ADMINISTRATION, WHICH ARE WHEAT, EGG, SOY, MILK, TREENUTS, PEANUTS, FISH, SHELLFISH, AND SESAME ARE STORED, PORTIONED, AND PACKAGED IN FACTOR’S AND OUR SUPPLIER’S FACILITIES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE THESE PRODUCTS, AND WHILE FACTOR TAKES PRECAUTIONS TO LIMIT ANY CROSS-CONTAMINATION, CROSS-CONTAMINATION MAY OCCUR BETWEEN FOOD PRODUCTS, AND THUS, THE RESPECTIVE MEALS, OR THE MEAL BOX, MAY CONTAIN SOME OR ALL OF THE ALLERGENS LISTED. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FACTOR DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE OR APP IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT FACTOR IN ORDER TO PROVIDE INFORMATION TO CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.

    5. Specifications Related to Warranties. WE ATTEMPT TO DISPLAY THE PRODUCTS YOU WILL RECEIVE IN YOUR MEAL BOXES AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE AND APP, INCLUDING NUTRITIONAL INFORMATION, AS ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THESE TERMS, TO CORRECT SUCH ERRORS AND REVISE YOUR ORDER ACCORDINGLY  OR TO CANCEL YOUR ORDER. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

    6. We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Products at any time without notice and without obligation or liability to you.

  3. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FACTOR , ITS AFFILIATES (INCLUDING, BUT NOT LIMITED TO, THEIR LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES AND EMPLOYEES) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY/PUNITIVE DAMAGES. THIS LIMITATION SHALL INCLUDE, BUT IS NOT LIMITED TO, DAMAGES RELATED TO PERSONAL INJURY; PAIN AND SUFFERING; EMOTIONAL DISTRESS; BUSINESS INTERRUPTION; LOSS OF PROFITS, REVENUE, BUSINESS OR ANTICIPATED SAVINGS, USE, GOODWILL, DATA; AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. ADDITIONALLY, IN NO EVENT SHALL FACTOR  BE LIABLE FOR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, APP OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT, CONTENT OF LINKED THIRD PARTY SITES), OR THE ORDERING, RECEIPT, OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THESE TERMS(INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM FACTOR , OR FROM EVENTS BEYOND FACTOR ’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE). UNDER NO CIRCUMSTANCES WILL FACTOR  BE LIABLE TO YOU FOR MORE THAN THE TOTAL VALUE OF THE MEALS OR THE AMOUNT PAID BY THE SPONSOR FOR THE SERVICES. THE LIMITATIONS SET FORTH IN THIS SECTION 19 SHALL NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW/JURISDICTION, SUCH AS LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY OUR ACTS OR OMISSIONS, OR FOR OUR GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT.

  4. MODIFICATIONS TO THE SITE AND PRODUCTS. We reserve the right in our sole discretion to modify, temporarily or permanently, the Site (or any features or parts thereof) or the delivery or provision of the Products at any time.

  5. DISPUTE RESOLUTION & BINDING ARBITRATION. Our philosophy is to treat all consumers, including study participants, honestly and reasonably.  Most concerns and complaints can be resolved by contacting Customer Care at accomplish-support@factor75.com.  If a concern, complaint, or claim of any kind arises between you and Factor  that is not resolved by Customer Care, you and Factor  agree to work diligently and in good faith to reach a resolution that is fair and equitable to both sides using the Mandatory Informal Dispute Resolution Process described below.

    On occasion, despite our respective best efforts, a third party may be necessary to help resolve problems that may arise between you and Factor. YOU AND FACTOR AGREE THAT ALL DISPUTES BETWEEN YOU AND FACTOR THAT ARE NOT RESOLVED INFORMALLY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION OR IN SMALL CLAIMS COURT ONLY, IN ACCORDANCE WITH THE ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”) SET FORTH IN THIS SECTION. YOU AND FACTOR  ALSO AGREE TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY AND TO WAIVE ANY AND ALL RIGHTS TO PARTICIPATE IN ANY WAY IN A CLASS ACTION IN CONNECTION WITH ANY SUCH DISPUTES OR TO MAKE OR PROCEED WITH ANY CLAIM ON A COLLECTIVE OR CONSOLIDATED BASIS.

    1. All Disputes Covered. You and Factor  agree that this Arbitration Agreement covers all concerns, complaints, demands for relief, disputes, and claims of any kind and in the broadest possible sense that may arise between you and Factor  (each a “Dispute,” and, collectively, the “Disputes”). Disputes covered by this Arbitration Agreement include, but are not limited to, those arising out of or related in any way to these Terms, including Factor’s Privacy Policy or other Supplemental Terms; the operation and content of the Site and App; your use of the Site and App; communications and interactions between you and Factor; promotions by Factor; and all purchases of, requests for, and uses by you of all Products and Services offered by Factor (including all Offerings and supplemental Offerings). You and Factor further agree that this mutual obligation to arbitrate encompasses Disputes of every kind and description, including, but not limited to, statutory, regulatory, constitutional, and common law Disputes, including, but not limited to, those involving allegations of negligence and intentional wrongdoing (including fraud and misrepresentation) and tax controversies, and irrespective of the source or origin of the law which may govern or give rise to such Disputes and irrespective of whether other parties may be involved in such Disputes. This Arbitration Agreement shall apply, without limitation, to all Disputes or claims and requests for relief that arose or were asserted before the Effective Date of these Terms or any prior version of these Terms.

    2. All Persons and Entities Covered. You and Factor agree that this Arbitration Agreement applies to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, or on behalf of, you and Factor , or under your or Factor ’s direction or control, and all companies affiliated with Factor  (including, but not limited to, parents, subsidiaries, and sibling corporations, if any). This Arbitration Agreement is binding not only on you and Factor, but also your and Factor’s respective heirs, successors, and assigns.

    3. The Federal Arbitration Act Applies to this Arbitration Agreement. You and Factor agree that this Arbitration Agreement and all arbitrations between you and Factor  under this Arbitration Agreement are governed by the Federal Arbitration Act (“FAA”) and federal law, notwithstanding any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or imposing obligations greater than, or inconsistent with, the FAA. 

    4. Mandatory Informal Dispute Resolution Process. If a dispute arises, Factor  is committed to working with you to reach a reasonable resolution. For any issue or Dispute that arises between you and Factor , both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This includes first sending a written notice of dispute (“Mandatory Dispute Notice”). A Mandatory Dispute Notice from you to Factor  must (1) be sent by certified mail, with a copy to factorarbitrationoptout@factor75.com with the subject line “User Dispute - Factor Clinical Trial Meal Program ”; (2) be addressed to: Factor75, LLC dba Factor, Attn: Legal Department, 28 Liberty Street, 10th Floor, New York, NY 10005 (“Notice Address”); (3) contain your name, address, and email address; (4) describe the nature and basis of your claim; (5) include any relevant facts regarding your use of the Site,, the Offerings and/or Services (as may be applicable), including without limitation the specific order or conduct to which your Dispute pertains, the date(s) of any disputed charges, the date(s) of your interaction under which the Dispute arose; (6) specify the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation of them; and (7) include a personally signed statement from you (and not your counsel) verifying the accuracy of the contents of the Mandatory Dispute Notice. The Mandatory Dispute Notice must be individualized, meaning it can concern only your Dispute and no other person’s Dispute. If applicable, Factor agrees to send a Mandatory Dispute Notice to you, containing a similar level of detail as described above, by email to an email address you have previously provided to Factor  or by certified mail, return receipt requested to an address you have previously provided to Factor.

      You and Factor will then, upon receipt of any Mandatory Dispute Notice, attempt in good faith to resolve each Dispute described in the Mandatory Dispute Notice on an individual basis. You and Factor  agree that, after receipt of the completed Mandatory Dispute Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). You and Factor agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and to seek to reach a resolution. If we and you do not reach an agreement to resolve the issues identified in the Mandatory Dispute Notice within 60 days after the completed Mandatory Dispute Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules).

      Compliance with this Mandatory Informal Dispute Resolution Process is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines (other than the filing fees due by a claimant to commence an arbitration matter) shall be tolled while the parties engage in Mandatory Informal Dispute Resolution Process set forth herein. All of the requirements of the Mandatory Informal Dispute Resolution Process are essential so that you and Factor  have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Mandatory Informal Dispute Resolution Process, provided that this shall not excuse a claimant from timely paying filing fees necessary to commence arbitration. If the arbitration is already pending prior to the completion of the Mandatory Informal Dispute Resolution Process, the arbitration shall be administratively closed.  A party may seek in arbitration, and an arbitrator or process arbitrator may award damages for non-compliance with the Mandatory Informal Dispute Resolution Process.

    5. Disputes Not Settled Informally May Only Be Resolved in Small Claims Court or By Individual Arbitration. At the conclusion of the Mandatory Informal Dispute Resolution Process, Disputes presented in a Mandatory Dispute Notice, but not resolved, may be asserted on an individual basis in either (1) small claims court in: (a) the county or parish where you reside, if such a court is available and has jurisdiction to hear the Dispute; or (b) another location you and Factor agree on, but only if the Disputes (and the relief sought) qualify to be brought in that court; or (2) binding individual arbitration as provided for in this Arbitration Agreement, below.

    6. ARBITRATION RULES AND REQUIREMENTS. You and Factor agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Dispute Notice and Informal Dispute Resolution Procedure requirements referenced in Section 19.4, and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented).

      Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association pursuant to its Consumer Arbitration Rules, and, if applicable, its Mass Arbitration Supplementary Rules, that are in effect at the time the arbitration is initiated (the “AAA Rules”), as modified by the terms set forth in this Agreement. Copies of the AAA rules can be obtained at the AAA’s website (www.adr.org). Notwithstanding the foregoing, if requested by you or Factor, and if proper based on the facts and circumstances of the claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event, unless you and Factor  agree otherwise, shall the arbitrator consolidate more than one person’s claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator, forum, and/or third-party neutral upon mutual written agreement. If the AAA is unable or unwilling to administer the arbitration under this Arbitration Agreement, you and Factorwill select another arbitration provider, forum, and/or third-party neutral upon mutual written agreement. If there is no agreement, a court shall appoint an appropriate arbitration provider.

      To begin an arbitration proceeding, you or Factor must file a demand for arbitration (“Demand”) with the AAA and serve a copy on the other party. You and we agree that notwithstanding any rules of the arbitration provider to the contrary, the Demand must (1) describe the factual and legal nature and basis of the claim or Dispute; (2) set forth the specific relief sought; and (3) include the name, mailing and email addresses, and phone number of the party bringing the claim.  Unless the AAA Rules provide otherwise, a Demand shall be sent to the American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, or by filing online through the AAA’s website: https://www.adr.org/Support. For Demands initiated against Factor , a copy of the Demand shall also be sent to Factor by email to factorarbitrationoptout@factor75.com or by certified mail, return receipt requested to Factor75, LLC dba Factor, Attn: Legal Department, 28 Liberty Street, 10th Floor, New York, NY 10005.

      While there is no judge or jury in an arbitration, subject to the terms of this Arbitration Agreement, the arbitrator has the power to hear and resolve all claims and to award all the relief that a court can award to an individual litigant. The arbitrator, however, may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and Factor agree otherwise or as permitted by the Additional Procedures for Mass Arbitrations set forth in Section 19.8 below, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief; class, representative, and private attorney general claims; and consolidation are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then the parties agree such a claim or request for relief shall be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief are arbitrated, as set forth below.

      The arbitrator must interpret and apply this Arbitration Agreement as a court would. Court review of an arbitration decision is limited. To the extent that any cause of action or claim for relief cannot for any reason be addressed in arbitration, you and Factor agree that any court proceedings shall be stayed pending the final resolution in arbitration of all arbitrable causes of action and claims for relief. In the event you and Factor  disagree on whether a Dispute must be arbitrated or disagree concerning the scope of the arbitrator’s powers, the arbitrator shall have, but only to the extent permitted by law, the sole authority to address all such disagreements, including, but not limited to, arguments concerning or related to the formation, legality, interpretation, and enforceability of this Arbitration Agreement, the scope of the Arbitration Agreement, the applicability of this Arbitration Agreement to you and Factor, and the arbitrability of any Dispute arising between you and Factor. Any court of competent jurisdiction will have the authority to enforce these arbitration requirements (including those related to Mass Arbitration set forth below) and, if necessary, enjoin the filing or prosecution of any arbitrations and the assessment of fees by the American Arbitration Association (“AAA”) or any other organization, arbitrator, or mediator in a manner inconsistent with this Arbitration Agreement.

      As in court, you and Factor agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the AAA Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all parties and counsel.

      Except as expressly provided in this Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law. Unless otherwise provided by applicable law, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

    7. Additional Procedures for Mass Arbitrations. If twenty-five (25) or more claimants or their lawyers file, threaten to file, or indicate an intention to file Demands for arbitration raising substantially identical Disputes, and counsel for the claimants are the same or coordinated across such Disputes (a “Mass Arbitration”), the AAA’s Mass Arbitration Supplementary Rules, as modified by this Arbitration Agreement, shall apply. The AAA’s Mass Arbitration Supplementary Rules, as modified by this Arbitration Agreement, shall also apply if Factor initiates Disputes raising similar claims against 25 or more consumers represented by the same or coordinated counsel.

      Each Mass Arbitration claimant must complete the Mandatory Dispute Notice and Informal Dispute Resolution Procedure requirements referenced in Section 19.4 above before that Mass Arbitration claimant can proceed to arbitration.

      You acknowledge and agree that, by choosing to participate in a Mass Arbitration, the resolution of your Dispute might be delayed. The parties agree that throughout this process, their counsel shall meet and confer in an effort to informally resolve the Dispute, streamline procedures, address the informal exchange of information, modify the number of Disputes to be adjudicated and to promote efficiency, conservation of resources, and the resolution of Disputes, including to engage with the arbitration administrator and/or process arbitrator to address threshold administrative issues.

      A first set of arbitrations (“Stage One”) will be resolved using bellwether proceedings if the claims are not resolved during pre-arbitration negotiations. In Stage One, each side shall select up to 20 cases (40 cases total) to be filed in arbitration. The cases shall be resolved individually by different arbitrators to the extent that the AAA has enough arbitrators available. If the AAA does not have enough available arbitrators to decide all the cases filed, the AAA may assign multiple cases to the same arbitrator, but the arbitrator must still resolve each arbitration individually, and no arbitration shall be binding on the others or on subsequent arbitrations. In the meantime, no other cases may be filed in arbitration, and the AAA shall not accept, administer, or demand payment of fees for arbitrations commenced in violation of this Arbitration Agreement.

      After Stage One is completed, the parties must engage in a single mediation of all remaining cases. The parties shall attempt to reach agreement on a mutually agreeable mediator. If the parties cannot reach an agreement, the AAA may administratively appoint a mediator.

      If the parties cannot agree how to resolve the remaining cases after the conclusion of Stage One and the mediation, to increase the efficiency of administration and resolution of the remaining cases, the parties shall attempt to agree on a batching process that allows all arbitrations to proceed in an orderly, efficient, and cost-effective manner. If the parties cannot agree on an orderly process, each side shall submit a proposal to a process arbitrator, who will then decide upon an appropriate batching process (“Stage Two”). During State Two, the parties or a process arbitrator may appoint a single arbitrator to preside over batches of arbitrations, and the batches may be decided (as appropriate) on a consolidated basis with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award. AAA shall administer all batches in Stage Two concurrently, to the extent possible.

      You and Factor  agree to cooperate in good faith with AAA to implement this batch arbitration process. This batch arbitration process shall in no way be interpreted as authorizing or creating a class or collective action of any kind, and nothing about the batch arbitration process will preclude any party from participating in any arbitration administered according to that process, or any arbitrator from awarding individual relief as between each respondent and claimant in accordance with this Arbitration Agreement, even if they are part of the same batch. Nothing about the prohibition on class, collective, or representative actions shall be construed as prohibiting the batch arbitration described herein.

      If your Dispute is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to AAA until your Dispute proceeds in arbitration or is settled, withdrawn, otherwise resolved, or opted out of arbitration on mutual agreement of the parties.

      A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration section of the Arbitration Agreement, including by enjoining the filing, prosecution, or administration of arbitrations, and the assessment or collection of arbitration fees.

      The Additional Procedures for Mass Arbitrations section of the Arbitration Agreement and each of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that this Additional Procedures for Mass Arbitrations section applies to your Dispute and is not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Agreement.

    8. No Class Actions. Except as expressly provided for in the Mass Arbitration Rules, you and Factor  agree that all Disputes must be resolved on an individual basis only. This means that in such circumstances: (a) neither you nor Factor  can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator cannot combine multiple claimant’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only decide the Disputes of that claimant, not other claimants. Nothing in this Arbitration Agreement, including this section, is intended to limit the relief available to either you as an individual or Factor  in arbitration or small claims court, including equitable relief that an arbitrator may be required to make available by applicable law. Nor does anything in this section limits your or Factor’s rights to resolve a Dispute by mutual agreement through a class-wide settlement of claims whether through mediation or otherwise.

    9. Fees and Costs. You and Factor will each bear their own costs and attorneys’ fees in the event of a Dispute, provided, however, that either party may recover attorneys’ and arbitral fees and costs to the extent permitted by applicable law or under applicable arbitration rules. If an arbitrator determines that an arbitration has been brought in bad faith, for an improper purpose, or to exert unfair pressure greatly disproportionate to the harm alleged, or that the demand was entirely frivolous, the arbitrator may award costs, arbitration fees, and attorneys’ fees to the party defending itself in connection with any such Disputes.

    10. Offer of Settlement: In any arbitration between you and Factor , the defending party may, but is not obligated to, make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If the award is issued in the other party's favor and is less than the defending party's settlement offer or if the award is in the defending party's favor, the other party must pay the defending party's fees and costs incurred after the offer was made, including any attorney's fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the claim may be entitled for the cause of action under which it is suing.

    11. Rules of Construction. This Arbitration Agreement shall be interpreted, to the maximum extent permitted by law, to facilitate the resolution of all Disputes in arbitration in a way that is cost-effective to all parties.

    12. Severability. If for any reason any provision of this Arbitration Agreement shall be held to be unenforceable, the remaining provisions of the Arbitration Agreement shall remain in effect to the maximum extent permitted by law in a manner that facilitates resolution of Disputes in arbitration in a way that is cost effective to all parties.  

    13. Survival. All provisions of this Arbitration Agreement shall survive the termination, cancellation, or expiration of the Terms or of your customer relationship with Factor.

    14. Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: factorarbitrationoptout@factor75.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Factor username (if any), the email address you used to set up your Factor  account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this provision in the manner specified above, but opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with Factor. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may enter in the future with us.

  6. GOVERNING LAW AND VENUE; CLASS ACTION AND JURY WAIVER.

    THESE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.

    Claims excepted from arbitration under the Arbitration Agreement set forth in these Terms, or otherwise determined by a court of competent jurisdiction not to be subject to arbitration, shall be brought exclusively in the state or federal courts of New York, notwithstanding that other courts may have subject matter jurisdiction over the claims or personal jurisdiction over the parties.  Notwithstanding this forum selection agreement, any small claims court proceedings may be brought in: (a) the county or parish where you live, if such a court is available and has jurisdiction to hear the claim; or (b) another location you and Factor  agree on, but only if the claims (and the relief sought) qualify to be brought in that court.

    You and Factor  agree that to the extent claims proceed in court, to the fullest extent permitted by law, each party may bring claims against the other only in an individual capacity, and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and Factor  may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and Factor  may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party. Notwithstanding the foregoing, you or Factor may participate in a class-wide settlement. To the fullest extent permitted by law, you and Factor waive any right to a jury trial. If there is a final judicial determination that any part of this paragraph is unenforceable or unlawful for any reason, the unenforceable or unlawful portion shall be severed and severance shall have no effect whatsoever on the enforceability, applicability, or validity of any other part of these Terms, including without limitation the choice-of-forum provision in the preceding paragraph. While there is no judge or jury in an arbitration, subject to the terms of this Arbitration Agreement, the arbitrator has the power to hear and resolve all claims and to award all the relief that a court can award to an individual.

  7. TERM, TERMINATION AND SURVIVAL. 

    1. Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Offerings, unless terminated earlier in accordance with these Terms.

    2. Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that these Terms commenced on the earlier to occur of (a) the date you first used the Offerings or (b) the date you accepted these Terms and will remain in full force and effect while you use any Offerings, unless earlier terminated in accordance with these Terms.

    3. Termination. Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Site and to order, receive and use the Products, at any time and for any or no reason, including, without limitation, any violation of these Terms. You can cancel your Service in accordance with the terms set forth in Section 6.3  hereunder. If  you have materially breached any provision of the Terms, or if Factor  is required to do so by law (e.g., where the provision of the Site or the Services is, or becomes, unlawful), Factor  has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Factor ’s sole discretion and that Factor  shall not be liable to you or any third party for any termination of your Account. We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Products at any time without notice and without obligation or liability to you.

    4. Effect of Termination. Termination of any Service includes removal of access to such Service and may bar further use of the Service. Termination of all Services may also include deletion of all related information, files and Content associated with or inside your Account (or any part thereof). Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Service may involve deletion of your Content associated therewith from our live databases. Factor  will not have any liability whatsoever to you for any suspension or termination. All provisions of these Terms which by their nature should survive, shall survive termination of the Offerings or Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

    5. No Subsequent Registration. If your registration(s) with or ability to access the Service is discontinued by Factor due to your violation of any portion of these Terms, then you agree that you shall not attempt to re-register with or access the Service through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Services to which your access has been terminated. If you violate the immediately preceding sentence, Factor  reserves the right, in its sole discretion, to immediately take any or all actions set forth herein without any notice or warning to you.

  8. SEVERABILITY AND WAIVER. If any of these Terms are determined by any competent jurisdiction to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law. No waiver by Factor of any provision in these Terms shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure to assert a right or provision under these Terms does not constitute a waiver of such right or provision.


  1. MISCELLANEOUS. These Terms and any document expressly referred to herein constitute the whole meal-service agreement between you and Factor , and supersede all previous discussions, correspondence, negotiations, arrangements, understandings, or agreements between us relating to the subject matter of any contract. These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you without the prior written consent of Factor . Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and is not intended to confer third party beneficiary rights upon any other person or entity. Sponsor/Administrator privacy notices, informed-consent materials, and study instructions separately govern the clinical study.

  2. RELATIONSHIP WITH SHOPIFY. Our Site  is powered by Shopify, which enables us to provide the Services to you. However, any orders you make on our Site are made directly with Factor . By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any orders between you and Factor , including any injury, damage, or loss resulting from ordered products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your orders and transactions with Factor .

  3. PRIVACY POLICY. All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. 

  4. CONSUMER COMPLAINTS. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

  5. ELECTRONIC COMMUNICATIONS. The communications between you and use electronic means, whether you visit Services or send Factor e-mails, or whether Factor  posts notices on Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Factor  in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications related to these Terms that Factor  provides to you electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document. The foregoing does not affect your statutory rights.

  6. EXPORT CONTROL. You may not use, export, import, or transfer the Offerings except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Services, and any other applicable laws. In particular, but without limitation, the Offerings may not be exported or re-exported (1) into any United States embargoed countries, or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  7. NOTICE. Where Factor requires that you provide an email address, you are responsible for providing Factor  with your most current email address. If the last e-mail address you provided to Factor  is not valid, or for any reason is not capable of delivering to you any notices required/permitted by these Terms, Factor’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Factor  at the following address: Factor75, LLC  dba Factor, Attn: Legal Department, 28 Liberty Street, 10th floor, New York, NY 10005. Such notice shall be deemed given when received by Factor by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.