Terms & Conditions

These Terms and Conditions were last updated August 1st 2019.

INTRODUCTION

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

These Terms and Conditions are entered into by and between you and HTHM Operations LLC (referred to in these Terms as "HTHM," "we," "us," or "our"). The following terms, together with any other documents expressly incorporated herein by reference (collectively, these "Terms ") govern your access to and use of this website, including any content, functionality, and services delivered through the site www.hearttohomemeals.com (collectively, the "Site"). By using or accessing the Site, registering with the Site, and/or by clicking "I Agree" to accept or agree to these Terms when this option is made available to you, you signify your agreement to these Terms as well as our Privacy Policy, which is incorporated herein by reference.

CHANGES TO THESE TERMS

We may modify these Terms from time to time in our sole discretion. We will provide notice by, at a minimum, updating this posting. You are expected to carefully review these Terms from time to time so you are aware of any changes. However, if we make material changes to these Terms, we will notify you either through the email address you have provided us or by means of a prominent notice on the Site before the change becomes effective. Any changes to these Terms will be in effect as of the "Last Updated" date referenced at the top of these Terms. Your continued use of the Site constitutes your binding acceptance to these Terms, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to you, you must not use or access the Site.

ELIGIBILITY

THE SITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER. YOU MAY NOT USE, ACCESS, OR REQUEST SERVICES FORM THE SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE'S CONTENTS OR SERVICES BY APPLICABLE LAW.

BY USING THE SITE OR OBTAINING SERVICES FROM THE SITE, YOU REPRESENT AND WARRANT THAT YOU MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS AND YOU AFFIRM THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SITE.

INTELLECTUAL PROPERTY

These Terms permit you to use the Site exclusively for your personal, non-commercial use only. The Site and all information and content contained therein are protected by contract law and various intellectual property laws, including domestic and international copyright laws.

All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of HTHM or by the original creator of the material. The trademarks, service marks, trade names, logos, headers, custom graphics, button icons, and scripts used and displayed on this Site are registered and unregistered trademarks and/or trade dress of HTHM.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except that your computer or other device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and you may store files that are automatically cached by your browser for display enhancement purposes. Subject to the restrictions set forth in these Terms, and except for content specifically and expressly made available for redistribution, you may print or download information from the Site only for your personal and other non-commercial use, and not for further reproduction, publication or distribution, provided you keep intact all copyright and other proprietary notices.

These Terms do not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of HTHM or the respective intellectual property owners. Modification of any content on the Site is explicitly prohibited. You are also prohibited from utilizing the Site in any way that would damage its content or visibility for other visitors. As between HTHM and you, HTHM has and retains exclusive and valid ownership of the Site, the names and marks thereof, and all intellectual property, proprietary rights and documentation therein, and you acknowledge that the foregoing constitute valuable assets and may constitute trade secrets of HTHM. HTHM, and its associated logos, and all page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of HTHM. All other product names and company logos mentioned on the Site or in the information or content contained therein are trademarks of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Site without the prior written authorization of HTHM or the respective owners of such information or intellectual property. You agree that you will not remove, alter, or obscure any copyright, legal or proprietary notices in or on any portions of the Site or the information and content contained therein.

HTHM accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), HTHM reserves the right to terminate your use of the Site or the information and content contained therein if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.

PROHIBITED USES

You agree to use the Site only for lawful purposes and in accordance with these Terms. Specifically you agree:

• that you will not use the Site in any way that violates federal, state, local or international law or regulation, or generally accepted practices or guidelines in relevant jurisdictions (including any laws or regulations regarding the export of data or software to and from the United States or other relevant countries);

• that you will not use the Site to transmit or send unsolicited commercial communications;

• that you will not access (or attempt to access) the Site by any means other than through the interface that is provided by us;

• that you will not attempt to gain unauthorized access to, interfere with, damage, disrupt, or circumvent any of the security features of any part of the Site (or the servers, networks, and databases which are connected to the Site);

• that you will not access (or attempt to access) the Site through any automated means (including use of scripts or web crawlers);

• that you will not "screen scrape," monitor, "mine," or copy the Site;

• that you will not take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure;

• that you will not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent;

• that you will not introduce any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs or other material which is malicious or technologically harmful to the Site (or the servers, networks, and databases which are connected to the Site);

• that you will not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

• that you will not edit or otherwise modify any content on the Site that is not owned by you or another person or entity for whom you act as their agent;

• that you will not engage in any activity that interferes with or disrupts the Site (or the servers, networks, and databases which are connected to the Site);

• that you will not impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);

• that you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or develop restricted or password-only access pages, or hidden pages or images;

• that you will not reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sub-license, trade or resell any content or other aspect of the Site for any commercial purpose (except for content specifically and expressly made available for redistribution); and

• that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which you may suffer) of any such breach.

INFORMATIONAL CONTENT

The information presented on or through the Site is made available solely for informational purposes. We use reasonable efforts to update the information on the Site. However, the contents of the Site are subject to change without notice. We make no representations or warranties as to the accuracy, reliability, completeness, or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

The Site may include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Please contact us at the "Contact Information" provided at the end of these Terms if you have questions about the information presented on the Site.

THIRD PARTY SITES AND CONTENT

This Site may contain links to other Internet sites that our business partners and other third parties own or operate. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. We have no control over third party sites and we are not responsible for any changes to or content on them. Our inclusion of any content is not an endorsement of that material or link or the companies that own or operate the material or linked sites. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.

LINKING TO THE SITE AND SOCIAL MEDIA FEATURES

You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Site may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Site;

• Send e-mails or other communications with certain content, or links to certain content, on this Site; and

• Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you;

• Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;

• Link to any part of the Site other than the homepage; or

• Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

PRODUCT

In order to procure any products or services, you shall register on the Site and/or provide required information. Any prices shown on the Site are subject to change at any time. If during the purchasing process or after confirmation, we notice any errors in the shown purchase prices, we reserve the rights to change those prices. If dissatisfied with a product, you must notify us promptly following delivery of the relevant order. We will timely and fully refund the cost of any products that do not meet reasonable satisfaction upon delivery. This refund does not include any shipping and handling charges, as may be applicable. If within two (2) days of delivery or the time you should have known of any unsatisfactory products, you shall are deemed to have accepted the products.

AVAILABILITY AND DELIVERY

We will notify you as soon as possible if for any reason we are unable to supply a particular product. We will not be liable to you if we are unable to supply a particular product. We will take commercially reasonable actions to meet any proposed delivery due dates.

CANCELLATION

We reserve the right to reject, cancel or suspend any orders at our sole discretion. You shall be solely liable for any and all costs arising out of or relating to any rejections, cancellations or suspensions.

Unless otherwise set forth in any order or invoice, you may cancel any order by providing no less than forty eight (48) hours prior written notice to us.

ALLERGENS

We prepare our food in a certified, licensed, sanitary, professional kitchen. Our facility is not certified to be free from wheat, gluten, dairy, soy, shellfish, nuts or any other potential allergens. Traces of potential allergens may be found in the ingredients and other food items received from our suppliers. As we prepare meals in a kitchen that may contain potential allergens, we do not guarantee our meals are completely free from potential allergens.

RISK ALLOCATION

No Warranties

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY ADVICE OR SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER HTHM NOR ANY PERSON ASSOCIATED WITH HTHM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE.

WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF INFORMATION OR CONTENT. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR CONTENT FROM THE SITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

WITHOUT LIMITING THE FOREGOING, NEITHER HTHM NOR ANYONE ASSOCIATED WITH HTHM REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY ADVICE OR SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY ADVICE OR SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL HTHM, ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO THE SITE, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY/WRONGFUL DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitations Period

Any claim related to these Terms or the Site may not be brought unless made within the one-year period beginning on the date when the claim first could be filed. If it is not filed within such time, then that claim is permanently barred.

MODIFICATIONS, INTERRUPTION OF SERVICE AND ACCOUNT SECURITY

We reserve the right to modify or discontinue this Site with or without notice to you. We shall not be liable to you or any third party should we exercise its right to modify or discontinue the Site. We do not guarantee continuous, uninterrupted, or secure access to our Site. The operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.

Access to certain portions of the Site or some of the resources it offers may require a user name and password. Only registered users may access password-protected pages. You may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with the Site or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion you have violated any provision of these Terms.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

All information we collect on the Site is subject to our Privacy Policy. By accessing or using the Site, you acknowledge and agree that you have read and understand the privacy policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless HTHM and its successors and assigns and all of their respective officers, directors, agents, employees, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, obligations, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your use of the Site and any information obtained from the Site; (ii) your breach of this Agreement, including any use of the Site’s content or services other than as expressly authorized in these Terms; (iii) your violation of any third party right, including, without limitation, any copyright, property right, or privacy right; or (iv) any claim that content provided by you caused damage or loss to a third party. This defense and indemnification obligation will survive your use of the Site and any termination of this Agreement.

GENERAL

Governing Law

These Terms and all matters arising from them are governed by and construed in accordance with the laws of the State of Delaware, exclusive of its choice of law rules, whose courts shall have exclusive jurisdiction over all disputes arising in connection with the Terms.

Dispute Resolution

You agree to resolve any disputes through binding arbitration. All disputes or claims that arise under or relate to these Terms (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 by individual arbitration in accordance with the rules of the American Arbitration Association ("AAA"). Unless you and us agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address.

You further agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR HTHM SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER PARTIES, 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 provision 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.

No Waivers

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this prohibition on assignment is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

Notices

We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide, or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail, and notices we provide by posting will be effective upon posting.

To give us notice under these Terms, you must contact us as follows: (i) by sending a message to the “Contact Us” information provided at the end of these Terms; or (ii) by personal delivery, overnight courier, or registered or certified mail to us at the "Contact Us" information provided at the end of these Terms. We may update the e-mail address or mailing address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by e-mail or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Entire Agreement

These Terms, together with any documents expressly referred to in them, including our Privacy Policy, constitute the entire agreement between you and us with respect to the Site, and supersede all previous written or oral agreements.

Reformation and Interpretation

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.

Limitations on Exclusions Not Applicable

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third-party content providers and their respective agents shall be limited to the greatest extent permitted by law.


CONTACT INFORMATION

All feedback, comments, requests for technical support and other communications relating to the Site should be directed to:

In Writing: HTHM Operations LLC, 289 Elm Street (Suite 104), Marlborough, Massachusetts 01752

By Telephone: +1 (508) 658-3000

By Email: info@hearttohomemeals.com

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