Terms of Service

Elevated Eats™ (elevatedeats.com)

Last Updated: July 7, 2026

Welcome to Elevated Eats. These Terms of Service ("Terms") are a legal agreement between you and Elevated Eats Pro LLC, doing business as Elevated Eats™ ("Elevated Eats," "we," "us," or "our"), governing your use of the website located at elevatedeats.com (the "Site") and the meal preparation, delivery, nutrition, and related services we offer (collectively, the "Services").

By accessing the Site, submitting an application, placing an order, subscribing to our communications, or otherwise using the Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, please do not use the Site or the Services.

1. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Services. By using the Services, you represent that you meet these requirements. The Services are intended for personal, non-commercial use within the service areas we support.

2. Our Services

Elevated Eats provides customized performance nutrition and meal preparation services, including chef-prepared meals and snacks, menu customization based on your intake information and feedback, optional lab testing packages and related consultations facilitated through licensed third-party providers, and local delivery in select cities. Service availability, menus, ingredients, and delivery schedules vary by location and may change at any time without notice.

3. Applications, Accounts, and Accurate Information

Access to the Services begins with an application and intake process. You agree to provide information that is accurate, current, and complete, and to keep it updated. This is especially important for food allergies, intolerances, dietary restrictions, and health conditions. We rely on the information you provide to prepare your meals. If you fail to disclose or update allergy or dietary information, we cannot be responsible for resulting harm.

You are responsible for all activity that occurs under your account or subscription and for keeping your login or ordering credentials confidential.

4. Orders, Subscriptions, and Payment

(a) Pricing. Prices for meal plans, add-ons, lab testing packages, and other offerings are provided during the application or checkout process and may change with notice. Applicable taxes and delivery fees may be added.

(b) Billing authorization. By providing a payment method, you authorize us (and our third-party payment processors) to charge that payment method for the Services you order, including recurring charges for subscription plans, until you cancel in accordance with these Terms.

(c) Recurring subscriptions. If your plan is a recurring subscription, it will automatically renew for successive billing periods at the then-current rate until cancelled. You may cancel at any time by contacting us at [email protected] or 720-717-1155 before your weekly order deadline; cancellations received after the deadline take effect the following billing cycle.

(d) Order changes. Because meals are custom-prepared with fresh ingredients, changes, pauses, or cancellations to a given week's order must be requested before the order deadline communicated to you. Orders already in preparation or delivered cannot be changed or cancelled.

(e) Failed payments. If a payment fails, we may retry the charge, suspend deliveries, or cancel your plan.

5. Refunds

Meals and snacks are perishable, custom-prepared goods and are not returnable. If there is a problem with the quality, accuracy, or condition of your order, contact us within 48 hours of delivery at [email protected] and we will work with you in good faith to make it right, which may include a replacement, credit, or refund at our discretion. Lab testing packages and third-party services are subject to the refund terms disclosed at purchase.

6. Delivery

Delivery windows are estimates. You are responsible for providing accurate delivery instructions and for promptly retrieving and properly refrigerating delivered items. Risk of loss passes to you upon delivery to your designated address. We are not responsible for spoilage or loss caused by delayed retrieval, incorrect delivery information, or conditions at the delivery location.

7. Food Safety, Allergies, and Health Disclaimer

(a) Allergens. Our meals are prepared in kitchens that handle common allergens, including but not limited to tree nuts, peanuts, eggs, fish, shellfish, dairy, sesame, and coconut. While we take care to accommodate disclosed allergies and restrictions, we cannot guarantee that any meal is completely free of any allergen due to the risk of cross-contact. If you have a severe or life-threatening allergy, you use the Services at your own risk.

(b) Not medical advice. The Services, including any nutrition information, lab testing packages, supplement recommendations, health optimization plans, blog content, and communications from our team or affiliated practitioners, are provided for informational purposes and general wellness support. They are not medical advice, diagnosis, or treatment, and they are not a substitute for care from your own physician or qualified health provider. Always consult your physician before changing your diet, taking supplements, or acting on lab results, particularly if you have a medical condition, are pregnant or nursing, or take medication.

(c) Third-party practitioners. Consultations with naturopathic or functional medicine practitioners and lab analyses are provided by independent licensed professionals or laboratories. Those providers are solely responsible for the professional services they render.

(d) Results vary. Testimonials and case studies on the Site reflect individual experiences. Results are not guaranteed and will vary from person to person.

8. SMS / Text Messaging Terms

By providing your mobile phone number and opting in through our website forms, application process, checkout, or by texting a keyword to our number, you consent to receive recurring automated and non-automated text messages from Elevated Eats at the number you provided. Our text messages are sent from our toll-free number 877-408-2024 (or other numbers we may use from time to time). Message types may include order and delivery updates, appointment and consultation reminders, account notifications, customer care messages, and occasional marketing and promotional offers.

• Consent is not a condition of purchase. You may use the Services without agreeing to receive marketing text messages.
• Message frequency varies. The number of messages you receive will depend on your orders and account activity.
• Message and data rates may apply. Standard messaging rates from your wireless carrier apply to messages we send and messages you send to us.
• Opt out at any time. Reply STOP to any message to unsubscribe. After you send STOP, we will send a final message confirming your opt-out. No further messages will be sent unless you re-subscribe.
• Help. Reply HELP to any message for assistance, or contact us at [email protected] or 720-717-1155.
• Carriers are not liable for delayed or undelivered messages.
• Privacy. Your mobile number and SMS opt-in information will not be sold or shared with third parties or affiliates for their marketing purposes. We share data with our SMS service provider only as needed to deliver messages to you. See our Privacy Policy for details on how we collect and handle your information.

If you change or deactivate your mobile number, you agree to notify us promptly so we do not send messages to a reassigned number.

9. Email Communications

If you subscribe to our newsletter or provide your email address, we may send you service-related and promotional emails. You can unsubscribe from marketing emails at any time using the unsubscribe link in any email or by contacting [email protected]. Service and transactional emails (such as order confirmations) will still be sent as needed.

10. Intellectual Property

The Site and Services, including the Elevated Eats™ name and marks, logos, recipes, menus, content, images, videos, and software, are owned by Elevated Eats Pro LLC or its licensors and are protected by trademark, copyright, and other intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any part of the Site or Services without our prior written consent.

11. Your Content and Feedback

If you submit reviews, testimonials, photos, feedback, or other content to us or tag us on social media, you grant Elevated Eats a worldwide, royalty-free, perpetual, non-exclusive license to use, reproduce, display, and distribute that content in connection with promoting the Services. You represent that you own or have the rights to any content you submit. We may use feedback and suggestions without obligation or compensation to you.

12. Acceptable Use

You agree not to use the Site or Services to violate any law or regulation; infringe the rights of others; transmit malware or harmful code; scrape, harvest, or collect data from the Site by automated means; interfere with the operation or security of the Site; impersonate any person; or resell the Services without authorization. We may suspend or terminate access for violations.

13. Third-Party Links and Services

The Site may link to or integrate third-party websites, tools, and services (including payment processors, scheduling tools, laboratories, and social media platforms). We do not control and are not responsible for third-party content, policies, or practices. Your use of third-party services is governed by their own terms and privacy policies.

14. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY PARTICULAR HEALTH, PERFORMANCE, OR WELLNESS OUTCOME WILL BE ACHIEVED.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ELEVATED EATS PRO LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, CHEFS, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO ELEVATED EATS FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

16. Indemnification

You agree to indemnify, defend, and hold harmless Elevated Eats Pro LLC and its owners, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms, your violation of any law or the rights of a third party, your failure to disclose accurate allergy or health information, or your misuse of the Site or Services.

17. Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

(a) Informal resolution first. Before filing a claim, you agree to contact us at [email protected] and give us 30 days to work with you to resolve the dispute informally.

(b) Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court. The arbitration will be conducted in the county where you reside or another mutually agreed location, or remotely by video where permitted.

(c) Class action waiver. YOU AND ELEVATED EATS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

(d) Opt-out. You may opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms, stating your name and that you wish to opt out of arbitration.

(e) Governing law. These Terms and any dispute arising out of them are governed by the laws of the State of Colorado, without regard to its conflict of laws principles, except that the Federal Arbitration Act governs the arbitration provisions.

18. Termination

We may suspend or terminate your access to the Site or Services at any time for violation of these Terms or where reasonably necessary to protect the Services or other users. You may stop using the Services and cancel any subscription at any time as described in Section 4. Sections that by their nature should survive termination (including Sections 7, 10, 11, and 14 through 17) will survive.

19. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last Updated" date above and post the updated Terms on the Site. Material changes may also be communicated by email or SMS. Your continued use of the Site or Services after changes take effect constitutes acceptance of the updated Terms.

20. General

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, together with the Privacy Policy and any order-specific terms, are the entire agreement between you and Elevated Eats regarding the Services. We are not liable for delays or failures caused by events beyond our reasonable control, including weather, supply disruptions, labor disputes, or carrier failures.

21. Contact Us

Elevated Eats Pro LLC

781 Cold Springs Road, Nederland, CO 80466

Email: [email protected]

Phone: 720-717-1155

Website: https://elevatedeats.com