Effective Date: October 1, 2020
The website www.revoccatering.com is owned and operated by Revolution Catering, LLC. (“Company”, “we”, or “us”). The term “you” refers to any visitor or user of this website and/or online purchaser of our products or services.
1. Service Area
Our current service area includes Maine, Vermont, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York and New Jersey. We are unable to deliver our Products outside these areas. Please check back for future expansion of our Service Area.
Orders including alcohol may only be delivered to addresses in Massachusetts.
2. Accessing the Website
You may access portions of the Website without registering. However, in order to access some portions and features of the Website, and to make purchases, you will be required to register an account with and sign into the Website. You are responsible for maintaining the confidentiality of your username, password and other information used to register and sign in to the Website, and you are fully responsible for all activities that occur under this password and username. Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us at email@example.com If you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply.
3. Intellectual Property Rights
Any trademarks, taglines, and logos displayed on this website are trademarks belonging to us, or are licensed to us for our use, unless otherwise indicated. Other trademarks, service marks, names, and logos used on or through the Website, such as trademarks, service marks, names, or logos associated with third party organizations, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
All rights not expressly granted in these terms or any express written license, are reserved by us.
4. Your Conduct & Warranties
By using this site and/or by placing an order for Products, you represent that you are at least 18 years of age (at least 21 years old for orders containing alcohol) and are legally able to enter into a valid contract. You represent and warrant that you will not use the Website to:
- Violate any law (including without limitation laws related to torts, contracts, export controls, patents, trademarks, trade secrets, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage or provide instructions to another to do so;
- Misrepresent any fact (including without limitation your identity);
- Post or otherwise submit to us any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;
- Exceed your authorized access to any portion of the Website;
- Collect or store personal data about anyone;
- Modify without permission any part of the Website;
- Obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Website;
- Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
- Use any robot, spider, scraper, or other automated means to access the Website for any purpose;
- Take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; or
- Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website or bypass any measures we may use to prevent or restrict access to the Website.
When you use this website to purchase our products, We may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).
When you provided such Confidential Information to us, you granted us permission to use and store such Confidential Information for as long as is reasonably necessary to perform the function for which the information was provided. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via our Program, Product, Service or Program Materials, we take measures to protect the security of your Confidential Information both online and offline.
However, due to the nature of the Internet, We cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore, submitting Confidential Information, data or other information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but We make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
6. Disclaimers, Limitation of Liability and Release of Claims
By purchasing and/or using our Products or Website you implicitly agree to the following Disclaimers:
YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
WE MAKE NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE WEBSITE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITE, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Links to Other Websites.
We may provide links and pointers to other websites maintained by third parties that may take you outside of our website. These links are provided for your convenience and the inclusion of any link to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and We are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included on our website. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore We do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
Limitation of Liability.
To the extent allowed by law, We will not be held responsible or liable to you in any way for any loss or damage of any sort incurred as a result of the following: DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU; MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE WEBSITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER; IMMEDIATELY TERMINATING YOUR ACCESS TO THE WEBSITE FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU; THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE WEBSITE; OR ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD-PARTIES FOUND ON OR THROUGH THE WEBSITE.
The warranty disclaimers and liability limitations of this section do not apply to New Jersey subscribers.
Release of Claims.
In no event will We be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our website, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if We are expressly advised of the possibility of such damages or difficulties. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
If you have a dispute with any party who provides advertising or third-party services on or through the Website, or with any party who provides a website linked to on the Website, you release us from any and all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the relationship between you and us described in these Terms and Conditions, including any breach of the representations and warranties contained herein. You hereby agree that we have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
8. Purchases and Online Commerce
We currently only use Authorize.net for payment processing when purchasing our Products or Services. All information obtained during your purchase or transaction for our Products or Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected and retained by Authorize.net. We have no responsibility or liability for these independent policies of Authorize.net. We do not collect any of your information for payment processing. For information about our payment processing company’s privacy policies, click here.
You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
We try to be as accurate as possible. However, We do not warrant that product descriptions of any Product is accurate, complete, reliable, current, or error-free. We make reasonable efforts to display, as accurately as possible, the colors of our Products. However, the actual colors you see depend on your monitor or device, and thus We cannot guarantee that the colors of Products you see when viewing the Website will be accurate
9. Dispute Resolution
It is hoped that in the event of a dispute, that you and We would be able resolve it amicably through e-mail correspondence. However, should a resolution not be achieved within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
By purchasing our Products or using the Website, you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to us referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
You also agree that should arbitration take place, it will be held in Middlesex County, Massachusetts, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
10. Confidentiality and Privacy
Confidential Information. To order our Products or Services, We may seek personal data or information including your name, e-mail address, and phone number (“Confidential Information”).
11. Termination of Service
By continuing to access or use our website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the website.
Unless otherwise expressly stated herein, the laws of the United States of America and the laws of the Commonwealth of Massachusetts, without regard to the principles of conflicts of laws, will govern this Agreement, your use of the Website, and all matters relating to your access to, and/or use of, the Website, including all disputes between you and us. You also agree that the Website will be deemed solely based in Massachusetts.
Effective Date: October 1, 2020
Revolution Catering, LLC’s Terms & Conditions
By placing an order for Products through the Website you are agreeing to the following Terms & Conditions.
1. Vouchers and Gift Cards
We may offer gift cards, discount promotions, referral credits and other types of vouchers (“Voucher”) which must be activated by online application in order for the holder to commence delivery of Products through a service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these Terms and Conditions will become applicable as between us and the holder of the Voucher (“Holder”) when the Holder redeems the Voucher by applying for a service to commence.
A Voucher may be used only once by its Holder and may not be copied, reproduced, distributed, transferred, sold, or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
There is no cash value to any discount or referral credit received through a promotional offer. We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.
Vouchers may be redeemed only through our Website and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these Terms and Conditions and any special conditions attached to the Voucher.
Vouchers are subject to the terms and conditions thereon. Unless otherwise explicitly stated, promotional discounts may not be combined with any other offers, are valid for new customers only, and are limited to one per household address.
2. Risk and Title
Once the Products are delivered to you, ownership and the risk of loss passes to you. Following delivery, you are solely responsible for the proper and safe washing, preparation, storage and cooking of the Products. By ordering any of our Products, you agree to use our Products at your own risk.
3. Price and Payment
The prices for our Products and delivery, if any, will be as quoted on this Website from time to time, except in cases of obvious error. Applicable sales taxes will be included at checkout. Our prices may change from time to time, but changes will apply only to orders that are confirmed after the changes are stated on our Website.
Payments must be made by credit or debit card. We accept American Express, Visa and MasterCard. We reserve the right to change the available payment methods at any time.
Although We make reasonable efforts to provide accurate pricing information and Product descriptions, pricing mistakes, typographical errors or mistakes regarding Product availability may occur. We reserve the right to correct such mistakes and errors. We cannot guarantee that information displayed on the Website is 100% accurate. If a Product is listed at an incorrect price or a Product description is inaccurate, We have the right, in our sole discretion, to reject any order or to cancel any orders placed for that Product. In those circumstances, if your credit card has already been charged, We will issue a credit to your credit card within a commercially reasonable amount of time.
4. Order Limitations
We reserve the right to limit, in our sole discretion, the quantities of any product that may be purchased on a per person or per order basis.
5. Refund Policy
We stand behind our Products and proudly offer a “Zero Risk First Order” Guarantee. If You are not 100% satisfied with your first order, let us know and We will refund your purchase.
For subsequent orders, if you are not 100% satisfied with the Product (because it is defective or otherwise), you may request a credit redeemable through your account for the future purchase of a Product of equal value thereto (a “Credit”) within seven days of delivery by sending an email to firstname.lastname@example.org. If part of a Product is defective, We reserve the right to decide in our discretion whether we will provide you with (A) a Credit or a refund in an amount equal to the value of the defective portion(s) or (B) a Credit or a full refund in an amount equal to the full value of the Product. The full refund option does not apply to orders larger than $125 and we reserve the right to reject requests deemed to be fraudulent.
If you refuse delivery of a Product from us because you canceled the order prior to the Deadline for that order, and you are able to provide documentary evidence of such timely cancelation (for instance, a time-stamped email), We will process a Credit or a full refund (including any applicable delivery charges) as soon as practicable and, in any case, within 30 days of your cancelation request.
If you refuse delivery of a Product from us for any other reason, We will notify you within a reasonable period of time whether you are entitled to a Credit or a refund (and, if so, the amount) by phone or e-mail. If We determine that you are entitled to a Credit or a refund, We will process such Credit or refund within 30 days of communicating our decision to you.
We usually provide refunds using the same method that you used to pay for your purchase.
Questions about our refund policy should be directed to: email@example.com.
6. Limited Product Warranty; Product Disclaimers and Liability Limitation
We warrant to you that any Product purchased from us through this Website will, on delivery, substantially conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. If you feel that We have not met the warranty in the previous sentence, you may request a refund pursuant to our refund policy, as outlined above.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, WE HEREBY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL IN NO EVENT BE LIABLE FOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE PRODUCTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THE PRODUCTS OR THIS WEBSITE WILL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS. THIS WILL CONSTITUTE OUR SOLE LIABILITY, IF ANY, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
7. Force Majeure
We will not be liable or responsible for any failure to perform or for any delay in performance of any of our obligations under an order that is 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 in particular (without limitation) the following: an Act of God; natural disaster; act of war, terrorism, riot or invasion; the declaration of a State or Federal State of Emergency (in either Massachusetts or in the product delivery state, or a state or geographic area affecting delivery routes and carriers); the issuance of an Executive, Judicial, or Legislative Order or Advisory, act or legislation which directly affects our ability to operate or perform under this Agreement, including quarantines or other acts or actions related to a pandemic; Strikes, lock-outs or other industrial action; Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and Impossibility of the use of public or private telecommunications networks.
Our performance under any order 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 commercially reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under the order may be performed despite the Force Majeure Event.
8. Availability and Delivery
All deliveries are made on Tuesday, Thursday or Friday between 8:00AM and 8:00PM. Orders must be placed 48 hours prior to your preferred delivery date. If there is a Force Majeure Event, We are not liable for the cost of any compromised or failed deliveries; however, We reserve the right to refund you for all or part of any such compromised or failed deliveries as We see fit.
Food Safety Considerations
You are responsible for the safe handling of all Products purchased by you through the Website, upon delivery. We recommend immediately inspecting all Products you receive from us for any damage or other issues, and to determine freshness upon delivery. We pack all shipping containers in an effort to ensure Products are kept in a refrigerated, cold environment during transit, but cannot guarantee that handling during delivery may not shift Product or damage the shipping container or its contents. Therefore, upon receiving your Products you should always promptly inspect your delivery to confirm that the shipping container and its contents are not otherwise visibly damaged. In the unlikely event that you have any other reason to believe that any other Product in your delivery is not suitable for consumption, immediately contact us at firstname.lastname@example.org and then discard the item.
To maintain the quality and safety of the Products, We recommend that you immediately, upon delivery, refrigerate all perishable Products upon delivery and follow all U.S. Department of Agriculture’s (“USDA”) guidelines on food safety for refrigerated/frozen storage and safe food handling.
We recommend that you follow all cooking instructions as outlined on the labels and verify that the cooking temperatures of all meat, poultry and seafood and other applicable items meet USDA’s minimum internal cooking guidelines by using a food thermometer. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness.
Our production facility actively stores, portions, and distributes ingredients that may contain any one of the eight (8) major food allergens as determined by the U.S. Food and Drug Administration (“FDA”) (milk, wheat, egg, soy, fish, shellfish, peanuts and tree nuts). While We take precautions to reduce the risk of cross-contamination between ingredients and food products, cross-contamination may unintentionally occur during production and transit which may cause meals or other Products service to contain some or all of those allergens. Eggs, fish, shellfish, and soy are allergens that are commonly found in many ingredients, especially some of the sauces that may be used in Our recipes. If you suspect that you have an allergic reaction or other adverse health event, immediately contact your health care provider. In addition, due to the variable nature of ingredient availability, nutritional information provided by Us with the Products may differ from the nutritional information published on our Website.