Terms of Use

Introduction

Revela Foods, LLC (together with its subsidiaries, divisions, and brands, collectively, “Revela,” “we,” “us,” or “our,” as the context may require) provides the website(s) where these Terms of Use (these “Terms”) appear (collectively, the “Site”). These Terms, together with any documents they expressly incorporate by reference, govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site. Please read these Terms carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms or our Privacy Policy, you must not access or use the Site.

Changes to these Terms; Additional Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of a revised version of these Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Additionally, certain features or portions of the Site may be subject to separate and/or additional terms and conditions (“Additional Terms”) which we may impose from time to time, which are hereby incorporated by reference. By using the features or portions of the Site subject to Additional Terms, you accept such Additional Terms and any changes made thereto, as provided in these Terms.

Prohibited Users

The Site is offered and available to users who are sixteen (16) years of age or older. By using the Site, you represent and warrant that you are at least 16 years of age and are of legal age to form a binding contract with Revela.

Third Party Websites

These Terms do not apply to any website owned or operated by any third party, even if such third-party links to a website owned by us or the Site links to that third party website. Accordingly, these Terms do not apply to the practices of any third party, affiliate, or business partner that Revela does not own or control. You acknowledge that Revela does not control third party websites and is not responsible for any content, services, products or practices of third parties. If you access any of the third-party websites linked to, or which link to, the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We may also combine this information with data that is publicly available and data that we receive from other reputable sources. We maintain this data, along with a record of your purchases, in a secure database.

Electronic Communications

When you use the Site or otherwise send e-mails to us, you are communicating with us electronically. We may, in our discretion, communicate with you electronically, including but not limited to, by posting notices on the Site or by responding to your e-mail(s). You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Modifications to the Site, Products, and Services

We reserve the right to modify in whole or in part, or temporarily or permanently discontinue, any products, services or content contained on the Site (or the Site itself) for any reason and at any time and without notice to you.

Availability

We may periodically schedule system downtime for maintenance and other purposes and the Site may be unavailable due to unplanned system outages or circumstances outside of our control. We shall have no liability to any user or third party whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or non-delivery of information caused by such system outages
We reserve the right to withdraw or amend the Site or any portion thereof, and any service or material we provide on or through the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or the Site altogether

Display; Errors

We endeavor to accurately display the products featured on the Site. However, we cannot guarantee that your monitor’s display of any color, texture, or other details will be accurate. Additionally, certain products may be updated or replaced with similar products. We cannot and do not guarantee that any particular SKU or product displayed on the Site is the current model or SKU.
We attempt to provide the most recent, accurate, and reliable information on and through the Site. However, there may be occasions when information featured on and through the Site may contain typographical errors, incomplete data, inaccuracies, or items featured on and through the Site that are no longer in stock. We do not warrant that the information accessible via the Site is accurate, complete or current. Any errors are unintentional and we apologize if erroneous information is reflected in price or item availability, or in any way affects your individual order. We reserve the right to correct errors and to update product information at any time.

Security

The Site may utilize both secure and non-secure sections and pages. Revela uses commercially reasonable security protocols to protect the transmission of data submitted using the secure portions of the Site. Before submitting any sensitive data on, to, or through the Site, be sure your web browser displays a secure web address beginning with “https://…” Revela cannot guarantee that unauthorized third parties will never be able to defeat the security measures employed by Revela. Although we cannot guarantee that our systems are 100% secure 100% of the time, we periodically update our technology in order to improve security.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Revela, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows:
You must not:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Revela. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Use of the Site

You agree to use the Site only for lawful purposes and in a lawful manner. Furthermore, you agree not to do any of the following:
You understand and acknowledge that you are responsible for whatever content you transmit to Revela or submit on, to, or through the Site, and you, not Revela, have full responsibility for such content, including its legality, reliability and appropriateness. By transmitting material to Revela or the Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to Revela. Subject to our Privacy Policy, you grant to Revela the right to use all content you transmit to Revela or the Site in any manner Revela chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
Revela reserves the right, but does not assume any responsibility, to
Accordingly, Revela assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Revela reserves the right to take any action it deems necessary to protect the personal safety of users of the Site, the Site and the public; however, Revela has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph. Your failure to comply with the above provisions may result in the termination of your access to the Site and may expose you to civil and/or criminal liability.

Unsolicited Ideas

Revela welcomes feedback, questions and comments about its products and services as well as the Site. As a general policy, Revela does not accept unsolicited ideas for products or services through the Site. All communications and other materials (including, without limitation, unsolicited ideas, photographs, drawings, suggestions, or materials) you send to Revela by e-mail or otherwise will upon submission become the sole and exclusive property of Revela and may be used by Revela for any purpose whatsoever, commercial or otherwise, without compensation to you.

Warranty and Liability Disclaimers

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OR IN ANOTHER LEGALLY BINDING AGREEMENT BETWEEN YOU AND REVELA, TO THE MAXIMUM EXTENT PERMITTED BY LAW:
SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER REVELA NOR ANYONE ASSOCIATED WITH REVELA WARRANTS OR REPRESENTS THAT THE SITE OR THE CONTENT, PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. REVELA DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU (AND NOT REVELA) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF USING THE SITE.
FOR THE AVOIDANCE OF DOUBT, THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Damages

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OR IN ANOTHER LEGALLY BINDING AGREEMENT BETWEEN YOU AND REVELA, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL REVELA OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE AND THE CONTENT, PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR ITS CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY REVELA AND WHETHER OR NOT REVELA HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OR IN ANOTHER LEGALLY BINDING AGREEMENT BETWEEN YOU AND REVELA, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF YOU HAVE A CLAIM AGAINST REVELA THAT ARISES OUT OF THESE TERMS OR IS OTHERWISE RELATED TO OR ARISING OUT OF YOUR USE OF THE SITE, THEN IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REVELA TO YOU BE MORE THAN THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID REVELA FOR PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE OVER THE PRECEDING TWELVE (12) MONTHS; OR (B) $100.

Indemnification

You agree to defend, indemnify and hold harmless Revela and its respective officers, directors, owners, agents, employees, affiliates, licensees and licensors, from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site in violation of any of these Terms, including, but not limited to, your use of any information obtained from the Site.

Governing Law; Venue; Jurisdiction

All matters arising out of or relating to these Terms and our operation of the Site shall be governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Wisconsin. Any legal suit, action, or proceeding arising out of or relating to these Terms shall be instituted exclusively in the federal or state courts located in Milwaukee County, Wisconsin. You and Revela hereby knowingly, voluntarily and irrevocably consent the personal jurisdiction of such courts and waive any objection as to venue or forum non conveniens.

Void Where Prohibited

Revela administers and operates the Site from New Berlin, Wisconsin; however, the Site and/or certain features available through the Site may be hosted at other locations in the United States or outside of the United States by third party service providers. Although the Site, or portions thereof, may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site may be available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Revela reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on or through the Site is void where prohibited by applicable law.

Limitation on Time to File Claims

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Governing Language

Any translation of these Terms is done for local requirements and in the event of a conflict between the English and any non-English versions, the English version of these Terms shall govern

Termination

Your failure to comply with these Terms automatically revokes your authorization to use the Site and, to the maximum extent permitted by applicable law, terminates all rights granted to you under these Terms. Your obligations to Revela and its affiliates and third-party service providers relating to your use of the Site prior to termination shall continue after termination. Provisions of these Terms regarding the content restrictions and limitations, disclaimers, indemnification and liability limitations shall survive termination of these Terms for any reason.

Miscellaneous

We display the Site solely to market and promote products and services in the United States. If any provision of these Terms, or any portion thereof, is found to be unenforceable, it shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the rest of these Terms shall remain in full force and effect. These Terms supersede and cancel all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site and your use thereof. You may not assign these Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Revela. Revela may assign these Terms, in whole or in part, to any third party in its sole discretion.

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Site should be directed to us as provided in the “Contact Us” section of our Privacy Policy.