Terms of Service

Scatch Catering, LLC ( “SC” or “us” or “our”) operates this website, scratchculinary.com, any mobile or other versions, and any individual sites or merchant-specific, city-specific, or other area-specific sites we have now or in the future. The website and websites or pages contained within or otherwise available through external hyperlinks within our Site (the “Linksite”) will be collectively referred to as the “Site” in these Terms of Service. By using our Site and Scratch Catering, LLC’s services through the Site, you ( “you” or, “End User”) agree to these Terms of Service, our Privacy Statement, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any Linksite, as any of the same may exist from time to time (collectively, the “Terms of Service” or “Agreement”).

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE, DO NOT PURCHASE OR USE ANY OF THE PRODUCTS AND DO NOT USE ANY LINKS CONTAINED IN THE SITE .

1. Permitted Uses

   The Site provides an interactive online service operated by SC, consisting primarily of providing catering services and meal prep products (collectively “ Products”) to its users. As a condition of your use of this Site, you agree that:

   1. You are an individual person at least 18 years of age, or if a minor, any purchases made by you are done at the direction of and under the consent and authorization of a supervising parent or legal guardian over the age of 18;
   2. You, your parent, or your legal guardian (as applicable) possess the authority to create a binding legal obligation;
   3. Your use of this Site will at all times comply with the terms of this Agreement;
   4. You have the right to provide any and all information you submit to the Site, the information is only about yourself, and all such information is accurate, true, current and complete.

2. Your Conduct on the Site

   The Site is SC’s private property. All interactions on this Site must be lawful and must comply with these Terms of Service. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of this Agreement:

   1. Submitting any purposely inaccurate information, committing fraud or falsifying information left on the Site;
   2. Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
   3. Attempting to scan, or test the security or configuration of the Site or to breach any security or authentication measures without proper authorization;
   4. Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by SC;
   5. Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
   6. Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with SC;
   7. Reselling or repurposing your access to the Site or any purchases made through the Site;
   8. Using the Site or any of its resources to solicit Site End Users, or other business partners of SC to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with SC, including without limitation, aggregating current or previously offered deals;
   9. Using any End User or other information from the Site for any commercial purpose, including, but not limited to, marketing;
   10. Exceeding or attempting to exceed quantity limits of Products, selling Products, or for speculative, false, fraudulent purpose, or any other purpose not expressly permitted by this Agreement and the terms of a specific offer(s) on the Site;
   11. Accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
   12. Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
   13. Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
   14. Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission.
   15. Deep-linking to any portion of this Site (including, without limitation, the path for any coupon) without our express written permission;
   16. Acting illegally or maliciously against the business interests or reputation of SC, scratchculinary.com, or our services.

3. Availability of the Site

   You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated. SC retains the right at our sole discretion to deny service, or access to the Site to anyone at any time and for any reason.

4. Transmission of Information

   We do not control the security of the Internet or other networks you use to access the Site or communicate with us. Therefore, we cannot be, and are not responsible for, the security of information that you choose to communicate with SC and the Site while it is being transmitted. In addition, SC is not responsible for any data lost during transmission.

5. Special Terms Pertaining to Subscription Based Services

   SC offers some Products as a service (collectively “ Subscriptions”) that renew automatically on a weekly basis (“ Renewal Schedule”), at 12:00 pm on Thursday (“ Weekly Cutoff”), to its users (“ Subscribers”). Items, such as Meal Prep Products, paid for as part of a Subscription will be collectively referred to as “ Subscription Goods”. As a Subscriber, you agree to the following terms, policies, and guidelines:

   1. Food Safety: Subscription Goods must be refrigerated, frozen, or otherwise maintained at a proper temperature to avoid spoiling. The following terms govern your care and receipt of any Subscription Goods:
      1. Upon delivery, you are solely responsible to ensure the safety of such Subscription Goods.
      2. You will provide assistance in the event that a delivery driver encounters a complication or obstruction that would otherwise inhibit a timely delivery of your Subscription Goods, such as, but not limited to, allowing access through a security gate to your delivery address.
   2. Unattended Delivery: You may request that Subscription Goods be placed in a cooler at your door (“Unattended Delivery”). However, SC is not responsible for safety/spoilage of Subscription Goods once placed in your cooler. The following terms govern all Unattended Delivery of Subscription Goods:
      1. If you desire delivery to a cooler, you must provide an email address you have access to and actively use with your Subscription purchase. SC also recommends you provide a telephone number where you may be reached if for any reason delivery cannot be made.
      2. SC recommends that your cooler be no larger than 30 quarts (or roughly 7.5 gallons) with ice packs filling one-third (1/3) of open space inside. Your cooler must be insulated. Cold bags are not acceptable for delivery. A soft sided cooler will be acceptable.
      3. The Maricopa County Health Department states that food held in the temperature danger zone of 41-135° Fahrenheit (or 5-57° Celsius) for more than four (4) hours may grow bacteria at a high rate. Therefore, SC recommends that Subscription Goods be removed from your cooler and properly stored in a refrigerator or heated and consumed within four (4) hours of delivery. When measuring the temperature of food, we recommend taking the temperature in the thickest portion using a calibrated bio-thermometer, in order to ensure food safety.
      4. SC reserves the right, in its sole discretion, not to deliver Subscription Goods if it believes your cooler size, type, and/or ice provided are not to our standards. Should SC exercise such discretion, you will be contacted to schedule an alternate delivery.
      5. At time of delivery, SC may photograph Subscription Goods being placed in cooler provided.
      6. SC is not responsible for Subscription Goods that may be lost or stolen after they have been placed in your cooler. Delivery of Subscription Goods is documented by our contract delivery drivers at time of delivery.
      7. SC cannot guarantee any Subscription Goods delivered to a cooler will remain edible. Therefore, by requesting delivery to a cooler, you hereby waive and release SC and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities arising from or related to any act or omission in connection with your use of the Subscription Goods.
   3. Subscription Changes: You are responsible for making timely requests that affect your Subscription, and you agree that:
      1. If you signup, request to cancel, or make any other request that affects a current or future Subscription, you will do so before the Weekly Cutoff, preceding the week you would like us to honor your signup, cancellation, or other request.
         1. With respect to the Weekly Cutoff, you will observe and comply with any changes that are made in the future, including any temporary adjustments due to circumstances beyond our control, such as, but not limited to, Federal Holidays.
      2. You will accept the receipt of and read any emails we send to the email address you provide during the registration of a Subscription while you are an active Subscriber.
         1. Failure to read the contents of emails sent by SC does not release you from any resulting consequence that may arise should the contents of any one unread email describe a change in policy that affects your Subscription(s).
      3. Your payment method provided during the registration of a Subscription, unless updated or changed, will be charged automatically to renew your Subscription according to the Renewal Schedule, unless you cancel before the Weekly Cutoff.

6. Coupons or Discounts Offered by SC

   The promotional value of any coupon or discount offered by scratchculinary.com will EXPIRE on the date specified on the face of the coupon or website page offering the discount, unless prohibited by law. The promotional value of a scratchculinary.com coupon may not be combined with other offers and no portion of its value is intended to cover tax or gratuity.

7. Ownership of the Site

   The content and information on this Site as well as the infrastructure used to provide both, is proprietary to us and our other partners (where applicable). You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information, software, products or services obtained from or through the Site.

8. Copyright and Trademarks

   Everything located on or in this Site is the exclusive property of SC or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE LINKSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF SC IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

   This Site and any Linksite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are or may be or become protected by copyright as a collective work under the United States copyright laws. SC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal, offline use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of SC or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

   Scratchculinary.com is a trademark of Scratch Catering, LLC. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with Scratchculinary.com shall not be deemed to be in the public domain but rather the exclusive property of SC, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Scratchculinary.com and/or SC unless otherwise stated.

   You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. SC does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. To the extent that you upload any material to any part of the Site, you warrant that you are the owner of such material, and expressly granted SC the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that End User’s personal use. You also grant SC the right to edit, copy, publish and distribute any material that you make available on this Site.

9. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures

   SC reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.

   If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, you shall provide SC with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

   Any copyright infringement claim should be addressed to:

   Scratch Catering, LLC
   2601 S. 24th Street
   Phoenix, AZ 85034

10. Unsolicited Ideas and Materials

    SC does not accept or consider, directly or through any employee or agent, unsolicited ideas of any kind, whether relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions or for any other purpose. With respect to any such unsolicited materials submitted to SC, the following shall apply:

    1. SC has no obligation to review any unsolicited materials, nor to keep them confidential; and
    2. SC will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.

11. Disclaimer of Warranty

    YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER SC, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRDPARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICE, PRODUCTS OR PRODUCTS PROVIDED THROUGH THIS SITE.

    THE SITE AND ALL CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS.

    EXCEPT WHERE PROHIBITED BY LAW, SC HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

12. Limitation of Liability

    IN NO EVENT SHALL SC, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRDPARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE GOODS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE OR THESE TERMS OF SERVICE. IN NO EVENT WILL SC’S LIABILITY IN CONNECTION WITH A PRODUCT OR SERVICE EXCEED THE AMOUNTS PAID FOR SUCH PRODUCT OR SERVICE. FURTHER, SC’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED FIVE HUNDRED DOLLARS.

13. Arbitration

    SC shall make reasonable effort to resolve disagreements with you. Otherwise, you agree that any claim, dispute, or controversy you may have against SC arising out of, relating to, or connected in any way with this Agreement this Site or the use or inability to use any coupon(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the AAA’s Commercial Arbitration Rules and Mediation Procedures and its Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures, or at such other location as may be mutually agreed upon by you and SC; (b) the arbitrator shall apply Arizona law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or SC’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (d) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor SC shall be entitled to arbitrate their dispute.

14. Third-Party Websites

    The Site may contain links to websites maintained by other parties. Such links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk

15. Indemnification/Release

    You agree to defend, indemnify and hold harmless SC, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site, or for any use of the Site in violation of these Terms.

16. Termination

    SC may terminate these Terms of Service at any time. Without limiting the foregoing, SC shall have the right to immediately terminate or suspend any of your passwords or accounts in the event SC considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Service will survive termination of this Agreement.

17. Choice of Law

    Any disputes arising out of or related to these Terms of Service and/or any Use by you of the Site or SC’s services shall be governed by the internal laws of the State of Arizona, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration provision shall be governed by the Federal Arbitration Act.

18. No Continuing Waiver

    No waiver by either you or SC of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement.

19. Section Headings

    The section headings used herein are for convenience only and shall be of no legal force or effect.

20. Integration

    If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.

21. Notices

    Written correspondence, including any notice required under the Terms of Service, shall be sent to:

    Scratch Catering, LLC
    2601 S. 24th Street
    Phoenix, AZ 85034

    If you are a California resident, 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) 9525210.

    The provisions of these Terms of Service apply equally to and are for the benefit of SC, its subsidiaries, affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

22. Modification of This Agreement

    SC reserves the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. Any changes to these Terms of Service will be effective upon our posting of notice of the changes on our Site, provided that these changes will not apply to Products provided prior to the effective date of such changes. These changes will be effective immediately for new users of our Site and for all Products issued after the effective date of the change. We suggest that you revisit our Terms of Service from time to time to ensure that you stay informed of any such notifications of changes to the Site. Your use of the Site after we update these Terms of Service will constitute acceptance of the modified Terms of Service.

    We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.

    By your continued use of this website, you agree to be bound to all terms described herein, as the same may from time to time be modified by SC in its sole discretion. In the event any arbitration or other legal proceeding is initiated by either SC or End User, the version of the Terms of Service in effect as of the date of the purchase of Product(s) by End User shall control, or if no products have been purchased, then the date the arbitration or legal proceeding is initiated shall control.

These Terms of Service were last updated on January 27, 2022.