Terms and Conditions

Your Agreement to Terms & Conditions

Please read this Agreement carefully to ensure you understand each provision. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, (Section X) AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. (Section IX)

This Document contains the terms and conditions of your receipt and payment for Custom Caterers Fit goods and services and is subject to arbitration. THESE TERMS AND CONDITIONS APPLY TO ALL PURCHASES OF CCFIT GOODS AND SERVICES.

Welcome to Custom Caterers, Inc.’s (“Custom Caterers Fit“, “us” or “we“) website. By using our website (“Site“) or placing an order, you accept and agree to be bound by these Terms and Conditions (“Terms and Conditions“) and our Privacy Policy. Use of the Site is only available to users who are 18 years of age or older and reside in the United States, or its possessions and territories. Custom Caterers Inc makes no claims that the Site or any of its content is accessible from outside the United States. Should you access our Site outside of the United States, you do so on your own initiative and are responsible for compliance with local laws.

We may update these Terms and Conditions from time to time in our sole discretion. The modified Terms and Conditions will be effective 30 days following posting and you agree to the new posted Terms and Conditions by continuing your use of the Site and/or placing an order. Each time you use the Site or place an order, you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound hereby. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. If you do not agree with the modified Terms and Conditions, you should stop using the Site.

  1. Eligibility

By using our Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and Conditions and to use the Site in accordance with these Terms and Conditions.

Important Health Information

People with certain conditions may not use the Custom Caterers Weight Loss program; these include, but are not limited to people who: (a) are pregnant, (b) are allergic to soy, peanuts, or latex (which is used in food processing), (c) have anorexia or bulimia, (d) have chronic kidney disease, or (e) have a condition requiring a gluten-free or ketogenic diet.

The Weight Loss program is a portion-controlled, reduced-calorie comprehensive weight loss program. Please consult your physician before beginning the program, or any other weight loss program, as changing your diet or exercise, or losing weight, may affect some medical conditions and medications. Your physician may need to adjust your medications due to changes in your diet, exercise, or weight while on this program.  You should also discuss your continued participation in our Weight Loss program with your physician if there is any change in your medical condition.

 

It is important to note that medical studies indicate that people 20 percent or more above their ideal weight are at increased risk of many illnesses or diseases, including coronary heart disease, heart attacks, diabetes, increased cholesterol levels, high blood pressure, strokes, gallbladder disease, kidney disease, neurological disorders, gout, osteoarthritis, and certain types of cancer. It is also important to be aware of certain risks that have been associated with weight loss. Any weight loss program may cause constipation, muscle cramps, dehydration, diarrhea, dizziness, dry or cold skin, fatigue, gallbladder inflammation or gallstones, gout, hair loss, headaches, heart palpitations, loss of lean body mass, irregular or stopping of menstruation, reduced tolerance to cold, as well as other possible side effects.

Weight Loss Kits

All Custom Caterers Fit 5-day weight loss plans may contain snacks and a specially selected assortment of meals designed as a jumpstart to your weight loss program. It is recommended to continue with the program for best weight loss results.

Food Substitution Policy

Although Custom Caterers Fit takes every reasonable measure to have sufficient inventory to fill your order, availability of product(s) may change without notice. Custom Caterers Fit is not responsible for unavailability of product due to popular demand, whether discontinued or still in production.

In the completion of orders, Custom Caterers reserves the right to substitute a similar product. When making substitutions, Custom Caterers Fit takes great care to meet the requirements of your particular Weight Loss program. Substituted food items may contain different ingredients and allergens than those in items originally ordered. Prior to consumption, please be sure to carefully check all individual product packages for the most updated information regarding ingredients and nutritional content for any/all Custom Caterers Fit food products, including new and improved items, if you have any food allergies or if you are otherwise concerned about any particular ingredients.

Please Note: Custom Caterers Fit food items may contain or may have been manufactured in a facility that also processes: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, or soybeans. (Please notify us if you have any diet restrictions)

  1. Auto-Delivery Program

Custom Caterers Fit offers a variety of auto-delivery programs. Each program may be separately shipped and separately billed.

With all Auto-Delivery programs, you will receive a special discount off the regular one-time rate and with every consecutive order. With all auto-delivery programs, you are automatically charged and shipped your particular Weight Loss plan once a week, every 4 weeks or every 8 weeks depending on your desired membership unless you cancel. By providing your payment card information, you are authorizing the continuation of your Custom Caterers auto-delivery program(s) automatically at the end of the 1, 4 or 8-week period, and consenting to our charging the payment method provided every week, 4 weeks, or 8 week until you cancel.

You may be sent an email or may receive a pre-recorded and auto-dialed telephone reminder (i) before your next scheduled order begins processing, and (ii) for shipping and billing information on your order.

You may switch your plan selection at any time. Pricing and promotions will be adjusted according to the new plan you select. You can change your delivery schedule and your product selections on any order. You may do so by 5:00 p.m. the day before your order is scheduled to begin processing; otherwise we will be unable to make any changes for that order. Your auto-delivery payment is held by your banking institution the day before your order is scheduled to begin processing, and is subsequently paid to Custom Caterers when your order is shipped.

You may cancel your auto-delivery program at any time before 5:00 p.m. the day before your order is scheduled to be processed by calling 661-360-2204.

Customers may purchase any number of entrees or snacks selections and add them to any auto-delivery program order and will receive free shipping on these additional food selections.

Money Back Guarantee

If you’re not satisfied with your first order, call 661-360-2204 within the first week and send the remaining food back for a full refund, less shipping. Good on new –weekly plans, first order only. Limit one per customer.

Memberships

We reserve the right to modify, enhance, terminate or otherwise change particular subscription benefits or benefit providers from time to time at our sole discretion.

Subscription Term and Renewal. Unless you cancel, your subscription continues automatically on the same basis with the applicable periodic subscription renewal fees automatically billed to the account identified and authorized by you at the time of your subscription to the 1, 4, 8 week plans.

Cancellation. Membership cancellations must be received within 5 days after the start of your membership for a full refund. No refunds will be issued after 5 days. (Applies only to 4 and 8 week plans) Please call 661-360-2204 to cancel.

Use of Subscription. Your subscription is non-transferable. You agree that only you will have access to the subscription benefits. Benefits are not for resale. You are entirely responsible for maintaining the confidentiality of your subscriber user account information and password. You agree to promptly notify us if you become aware of any unauthorized use of your membership number.

Changes to the Site

Custom Caterers Fit may update the content on our Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and Custom Caterers Fit is under no obligation to update such material.

Information about You and Your Visits to the Site

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by Custom Caterers Fit with respect to your information in compliance with the Privacy Policy.

 

 

 

 

Online Purchases and Other Terms and Conditions

All purchases through this Site or other transactions for the sale of goods or services or information formed through the Site or as a result of visits made by you are governed by these Terms and Conditions.

Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.

Legal Disclaimers

Limitation of Liability

CUSTOM CATERERS FIT ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH CUSTOM CATERERS FIT IS TO DISCONTINUE YOUR USE OF THE SITE. NUTRISYSTEM AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES AND/OR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES AND/OR SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF NUTRISYSTEM HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, NUTRISYSTEM’S AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

 

Indemnification

You agree to indemnify, defend, and hold Custom Caterers Fit, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your use of the Sites and/or Site, including, but not limited to, any content that you may post, any use of the Sites’ and/or Site’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Sites and/or Site.

 

 

 

 

Resolving Disputes — Arbitration

Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service department at 661-360-2204. If Custom Caterers Fit’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if Custom Caterers Fit has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.

All disputes or claims that arise under or relate to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court or by individual arbitration in accordance with the rules of the American Arbitration Association (“AAA”). Unless you and Custom Caterers Fit agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879. Custom Caterers Fit agrees that it will pay a consumer’s filing fee for the arbitration.

You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR CUSTOM CATERERS FIT SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).

The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. This transaction and the arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).

XII. Miscellaneous

Waiver and Severability

No waiver by Custom Caterers Fit of any of the terms and conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Custom Caterers Fit to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules.

 

 

Entire Agreement

These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Custom Caterers Fit with respect to the Sites and/or Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites and/or Site.

Updated: December 28, 2016