These Terms and Conditions were last updated on January 6, 2026
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY USING OR ACCESSING THE SERVICES, REGISTERING WITH THE SERVICES, AND/OR BY CLICKING “I AGREE” (OR SIMILAR CONSENT BUTTON) TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AS WELL AS OUR , WHICH IS INCORPORATED HEREIN BY REFERENCE; (B) REPRESENT AND WARRANT THAT YOU HAVE THE FULL LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR A LEGAL ENTITY, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT LEGAL ENTITY; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND TO THIS AGREEMENT.
CLASS ACTION AND JURY TRIAL WAIVER: These Terms contain an arbitration provision and CLASS ACTION AND JURY TRIAL WAIVER in Section 17.2 that requires both parties to resolve disputes by binding arbitration instead of in court. In arbitration, class actions and jury trials are not permitted. Therefore, please review Section 17.2 carefully, as it governs and affects your rights to resolve dispute with us.
IF YOU DO NOT ACCEPT AND AGREE WITH THESE TERMS, YOU SHALL NOT USE OR ACCESS THE SERVICES.
- INTRODUCTION
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
These Terms and Conditions of Use are entered into by and between you (“you”, “your” or “User”) and HTHM Operations LLC and our affiliate, HTHM Supply LLC (collectively 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" or “Agreement”) govern your access to and use of this website, including any content, functionality, and services delivered through the website www.hearttohomemeals.com (including all domains, webpages, etc.), mobile applications, and other online solutions made available to you by HTHM where these Terms are posted, linked or incorporated by reference(collectively, the "Services"). These Terms apply to all users who access or use the Services in any capacity. Specific terms or agreements may also apply to the purchase of certain products or services and other items offered to you on the HTHM website.
2. 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 Services 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 Services 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 Services.
3. ELIGIBILITY
THE SERVICES IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER. YOU MAY NOT USE, ACCESS, OR REQUEST SERVICES OR PLACE ANY ORDERS 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 SERVICES OR ANY OF THE SERVICES' CONTENTS OR SERVICES BY APPLICABLE LAW.
BY USING THE SERVICES OR OBTAINING SERVICES FROM THE SERVICES, 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 SERVICES.
4. INTELLECTUAL PROPERTY
Subject to your compliance with these Terms, HTHM grants you a non-exclusive, non-transferable, limited right to access, use, and download the Services exclusively for your personal, non-commercial use only. The Services and all information and content contained therein are protected by contract law and various intellectual property laws, including domestic and international copyright laws.
All materials, including, without limitation, text, pictures, graphics, designs, illustrations, audio, video clips, the “look and feel”, pages, scripts, and other files and the selection and content arrangement thereof (“Materials”) are owned by or licensed to HTHM . The trademarks, service marks, trade names, logos, headers, custom graphics, button icons, and scripts, and other Materials used and displayed on the Services are registered and unregistered trademarks and/or trade dress of HTHM, and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under United States and foreign laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material made available through our Services, 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 Services 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 made available through the Services is explicitly prohibited. You are also prohibited from utilizing the Services 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 Services, 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 referenced on the Services 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 displayed on the Services 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 Services or the information and content contained therein.
4.1 DIGITAL MILLENNIUM COPYRIGHT ACT
HTHM respects the intellectual property of others, and we expect our users to do the same. HTHM reserves the right to terminate your use of the Services 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.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe any materials accessible on or from the Services infringe on your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to the address below. The written notice (the “DMCA Notice”) must include the following:
· Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
· Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
· Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
· A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
· A statement that the information in the written notice is accurate.
· A statement, under penalty of perjury, that you authorized to act on behalf of the copyright owner.
The DMCA Notices should be sent to:
HTHM Operations LLC
Attn. DMCA
289 Elm Street (Suite 102)
Marlborough, MA 01752
Email: [email protected]
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
5. PROHIBITED USES
You agree to use the Services only for lawful purposes and in accordance with these Terms. Specifically you agree:
· that you will not use the Services 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 Services to transmit or send unsolicited commercial communications;
· that you will not access (or attempt to access) the Services 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 Services (or the servers, networks, and databases which are connected to the Services);
· that you will not "screen scrape," monitor, "mine," copy, frame or mirror any portion or features of the Services;
· that you will not take any action that imposes an unreasonable or disproportionately large load on the Services' infrastructure;
· that you will not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and harvesting) on or in relation to the Services, other or any similar or equivalent manual process 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 Services (or the servers, networks, and databases which are connected to the Services);
· that you will not use the Services 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 Services 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 Services (or the servers, networks, and databases which are connected to the Services);
· 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 Services 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 Services for any commercial purpose (except for content specifically and expressly made available for redistribution); and
· that you will not post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
· that you will not harass, abuse, stalk, intimidate, threaten or engage in any conduct that harms, harasses, or offends any employees, contractors or agents of HTHM, its Affiliates, licensees, franchised operators, or partners engaged in the provision of Services, including the delivery of any orders, and other users of the Services;
· that you will not submit, display, or post any false or misleading information;
· that you will not disclose Sensitive Information (as defined in our Privacy Policy) that you (i) do not have the right to disclose; (ii) do not wish to make such information available to the delivery crew or non-medical personnel; or (iii) in any fields other than the specific section designated by HTHM specifically for that data entry.
· 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.
HTHM shall be the sole arbiter in cases of suspected abuse, fraud, or violations of these Terms, and any decision it makes relating to termination or disabling of certain Services or refusal to deliver any orders, including those placed through the HTHM websites or mobile applications, shall be final and binding.
6. CONTENT
6.1 Your Content
Content that you generate, upload, submit, or otherwise provide to the Services in its original form and in any media is known as “Content.” By submitting, posting or delivering of Content to us, you grant to us a transferable, non-exclusive, worldwide, perpetual, royalty-free license to access, use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and create derivative works and compilations incorporating your Content for any and all commercial or non-commercial purposes without compensation to you or anyone else. We reserve the right to monitor, remove, or modify Content for any reason and at any time, including Content we believe violates the Terms, or other community guidelines (that may be made available to you from time to time and incorporated as a binding part of this Agreement), and/or our policies.
You agree that any statements that you make about us or any of our products, services, or programs in any Content that you make accurately reflect your personal beliefs and experiences with us and our products and offerings, and that any opinions submitted are true to the best of your knowledge.
You are fully responsible for your submission of Content. You represent and warrant that you have the right to grant the license to Content submitted to us. You further represent and warrant that all persons and entities connected with the submitted Content (including those whose names, voices, photographs, likenesses, works, services, and materials have been used in the submitted Content) have authorized such use and the rights granted herein. You will be responsible for any loss or damages that HTHM suffers as a result of, and agree to indemnify us for any breach of, this representation and warranty.
6.2 Our Content
The information presented on or through the Services is made available solely for informational purposes. We use reasonable efforts to update the information on the Services. However, the contents of the Services 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 Services. 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 Services, or by anyone who may be informed of any of its contents.
The Services 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 Services.
7. THIRD PARTY SITES AND CONTENT
This Services may contain links to other Internet websites that our business partners and other third parties own or operate. Your use of each of those websites is subject to those websites’ terms and conditions and privacy policies, if any, that each of those websites have posted and you should be sure that you read and agree to those terms and policies. We have no control over third party websites 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 Services, you do so entirely at your own risk.
7.1 LINKING TO THE SITE AND SOCIAL MEDIA FEATURES
You may link to the Services’ 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.
The Services may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content on the Services;
· Send e-mails or other communications with certain content, or links to certain content, on the Services; and
· Cause limited portions of content on the Services 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 Services 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 Services other than the homepage; or
· Otherwise take any action with respect to the materials on the Services 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.
8. ACCESSING THE WEBSITE AND ACCOUNT SECURITY
In order to access some of the resources of the Services, including the procurement of any products or services, you may be required to register and create and account and provide certain registration details or other information. You agree that all information you provide to register with the Services or otherwise is governed by our Privacy Policy at https://www.hearttohomemeals.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You represent and warrant that you meet all of the foregoing eligibility requirements, all information you provide in registering your account on the Services are true and complete, and you agree to update your account upon any changes to such information. You are responsible for: (1) making all arrangements for you to have access to the Services and (2) ensure that all persons who access the Services through your internet connection are aware of these Terms and comply with them.
You will create or be provided with a username and password to access the Services. Only registered users with an account may access password-protected pages. If you choose, or are provided with, a username, 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 the Services or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username 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.
We reserve the right to modify or discontinue the Services 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 Services. We do not guarantee continuous, uninterrupted, or secure access to our Services. The operation of the Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.
9. TECHNICAL DATA; LICENSE TO YOUR DATA; COMMUNICATIONS
HTHM shall have the right to collect and analyze data and other information relating to the provision, use and performance of the Services and related systems and technologies, and HTHM will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic, and corrective purposes in connection with the Services and other service offerings, (ii) disclose such data in aggregated or de-identified form in connection with its business, and (iii) otherwise use and disclose such data as set forth in our Privacy Policy.
In order for HTHM to provide the Services, you grant us a non-exclusive right and license to use, copy, distribute, display, and transmit information entered by you in registering an account on the Services or otherwise into the Services as well as technical information collected via the Services to the extent necessary to provide the Services and our services. The Services maintain certain personally identifiable information about you. Except as otherwise required by law or court order or as described in the Privacy Policy; HTHM will not use or disclose any such information for any purpose other than to provide the Services (including delivery the products and other offerings through the Services) and to enforce our rights.
BY PROVIDING YOUR INFORMATION VIA REGISTERING AN ACCOUNT AND/OR USING THE SERVICES, YOU AUTHORIZE HTHM, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, AND CONTRACTORS (INCLUDING A CALL CENTER) TO INITIATE ELECTRONIC COMMUNICATIONS BY EMAIL, TELEPHONE CALLS TO NUMBERS (INCLUDING TO CELLULAR PHONE) THAT ARE PROVIDED THROUGH THE SERVICES OR AS PART OF REGISTERING AN ACCOUNT ON THE SERVICES, AND TEXT MESSAGES (SMS OR MMS) TO CELLULAR PHONE NUMBERS THAT ARE PROVIDED THROUGH THE SERVICES OR AS PART OF THE REGISTRATION OF AN ACCOUNT ON THE SERVICES TO PROVIDE ORDER UPDATES OR OTHER PURPOSES RELATED TO THE SERVICES AND THE SERVICES PROVIDED BY HTHM. YOUR CARRIER MAY CHARGE FOR THESE INCOMING CALLS OR MESSAGES. YOU CONSENT TO SUCH COMMUNICATIONS, WHICH MAY OCCUR BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM, TELEPHONE CALLS MAY BE RECORDED, STANDARD DATA AND MESSAGE RATES MAY APPLY FOR SMS AND MMS ALERTS, WHETHER YOU SEND OR RECEIVE SUCH MESSAGES, AND YOU AGREE TO BE RESPONSIBLE FOR ALL OTHER CHARGES. DO NOT SUBMIT YOUR INFORMATION IF YOU DO NOT CONSENT TO BEING CONTACTED BY TELEPHONE, TEXT, OR EMAIL.
10. ONLINE ORDERING
These Terms apply only to orders placed through www.hearttohomemeals.com (including related mobile applications). Any prices shown on the Services 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.
10.1 Fees Payment. You agree to pay such amounts in effect at the time you place the meal order(s), including any applicable surcharges, service, transaction, or processing fees, including surcharges and/or associated fees with our third-party payment processor (“Payment Processor”). You may be presented with additional terms before you confirm a transaction on the Services. Charges paid for completed orders are final and non-refundable. HTHM has no obligation to provide refunds or credits, but may grant them, in our sole discretion. Any refund does not include any shipping and handling charges, as may be applicable.
10.2 Payment Methods. You must provide one or more Payment Methods to make purchases through HTHM. A “Payment Method” means a current, valid, accepted method of payment including, without limitation, a valid debit or credit card or bank account, as may be updated by You from time to time. You are solely responsible for keeping payment methods current, accurate, and updated at all times. When you provide your Payment Methods, you agree that you are permitted to use that payment credential and authorize us (and Payment Processor) to charge the full amount to the payment credential(s) you designate for the transaction.
10.3 Payment Processor. You understand, acknowledge, and agree that the use of a Payment Processor is integral to the Services provided through HTHM. The Payment Processor manages the routing and processing of all required information from You to process payments and/or other financial information. We are not affiliated with the Payment Processor and neither we nor the Payment Processor is an agent or employee of the other
In making a payment, you may be redirected to an external website operated by a Payment Processor and the processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Payment Terms and other incorporated agreements. We cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by any Payment Processor or its website or (ii) control any Payment Processor’s collection or use of your personal data. You agree that any personal data provided by you or automatically collected from you by a Payment Processor will be governed by that Payment Processor’s privacy policy and terms of use. You acknowledge and agree that we shall not be liable to you for any claims arising out of any act or omission on the part of the Payment Processor including, but not limited to, any lost, stolen, or incorrectly processed payments. We expressly disclaim any responsibility and liability for all services provided by a Payment Processor. If a transaction results in an overdraft fee from your card issuer due to you exceeding your credit limit or not having sufficient funds in your account, your card issuer may charge you a fee and you alone are responsible for that fee. We currently use Stripe, Inc. as our Payment Processor. You can access their Terms of Service at: https://stripe.com/legal/consumer.
10.4 Disclaimers. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, UP-TO-DATE INFORMATION REGARDING YOUR PAYMENT METHODS. TO THE EXTENT YOU ARE ABLE TO STORE YOUR PAYMENT METHODS ON THE SERVICES, YOU HEREBY CONSENT TO THE STORAGE OF YOUR PAYMENT METHODS BY US OR OUR PAYMENT PROCESSOR FOR FUTURE USE AND ACKNOWLEDGE AND AGREE THAT ANY STORED PAYMENT METHODS MAY BE USED BY US OR OUR PAYMENT PROCESSOR TO PROCESS PAYMENT FOR OTHER TRANSACTIONS YOU VOLUNTARILY MAKE THROUGH YOUR ACCOUNT WITH THE SERVICES.
10.5 General Provisions. (a) At Will Use. We may revoke your eligibility to make payments via HTHM at any time at our sole discretion. (b) Inquiries. By using payment features through HTHM, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity. (c) Right to Cancel. We may cancel any transaction in our sole discretion if we believe the transaction violates this Agreement, or if we believe doing so may prevent financial loss. (d) Right to Restrictions or Disclosure. To prevent financial loss to you or us, we may (i) place a delay on a payment for a period of time, or limit Payment Methods for a transaction, or limit your ability to make a payment; and/or (ii) contact your payment instrument issuer, law enforcement, or affected third parties and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law and/or our policies. (e) Duty to Notify. If you believe that an unauthorized or otherwise problematic transaction has taken place, or if within two (2) calendar days of delivery of meals or other offerings that you are not fully satisfied with, you shall notify us immediately, so that we may take action to address your concerns. Unless you submit the claim to us within two (2) calendar days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction, and you are deemed to have accepted the products.
11. AVAILABILITY AND DELIVERY
The display of a menu item on the Services does not mean that the menu item is available as all items are subject to availability and available while supplies last. We make a reasonable and good-faith effort to display and describe the menu items available through the Services accurately and completely. However, the detail and accuracy of the images and specifications of menu items that you see will depend on a number of things. Consequently, we do not guarantee that the products, images, services or descriptions displayed or described to you are or will remain accurate or complete in every detail. Further, we may update the products, images, available features, services or specifications from time to time.
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. Depending upon where you live, your order may be fulfilled by one or more HTHM affiliate(s) or participating franchised operator(s) (“Operator”). Therefore, your information may be shared with HTHM affiliate(s) or Operators and its respective officers, directors, employees, accountants, attorneys, service providers, and agents in order to support the provision of meals, products, or other services requested by you and for other legitimate purposes permitted by law or as indicated in our Privacy Policy at https://www.hearttohomemeals.com/privacy-policy
12. 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 notice to us (via emails or phone calls).
13. 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.
14. RISK ALLOCATION
14.1 No Warranties
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY ADVICE OR SERVICES OBTAINED THROUGH THE SERVICES 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 (WHETHER OR NOT HTHM KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE. NEITHER HTHM, ITS AFFILIATES, NOR ANY PERSON ASSOCIATED WITH HTHM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES.
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 SERVICES. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES 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 SERVICES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
WITHOUT LIMITING THE FOREGOING, NEITHER HTHM NOR ANYONE ASSOCIATED WITH HTHM REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY MATERIALS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY ADVICE OR SERVICES OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICES FOR ANY RECONSTRUCTION OF ANY LOST DATA.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
No Legal, Medical or other Professional Advice
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.
14.2 No Legal, Medical or other Professional Advice
We are not lawyers, doctors, provider of healthcare or telehealth services, or other licensed professionals, and do not provide any type of legal, medical, healthcare, or other advice. Nothing contained in the Services should be construed as such advice or diagnosis. The contents or Materials displayed on our Services should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical, legal, engineering, product design, or other decisions, or to diagnose or treat a health condition or illness. NO ATTORNEY-CLIENT OR DOCTOR-PATIENT RELATIONSHIP IS FORMED BETWEEN YOU AND HTHM. ANY AND ALL SERVICES PROVIDED BY, IN AND/OR THROUGH THE SERVICES (INCLUDING BUT NOT LIMITED TO CONTENT) ARE FOR INFORMATIONAL PURPOSES ONLY.
14.3 Limitation of Liability
IN NO EVENT WILL HTHM, ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUCCESSORS AND ASSIGNS, INCLUDING THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SERVICE PROVIDERS, OR LICENSORS (“HTHM PARTIES”) 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 SERVICES, ANY THIRD-PARTY SITES LINKED TO THE SERVICES, AND/OR ANY CONTENT, MATERIALS, OFFERINGS, AND PRODUCTS OBTAIN THROUGH THE SERVICES, 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.
CAP ON LIABILITY. UNDER NO CIRCUMSTANCES WILL HTHM PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR MORE THAN THE AMOUNT RECEIVED BY HTHM AS A RESULT OF YOUR USE OF OUR SERVICES. OUR SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100 USD) OR THE AMOUNT YOU PAID HTHM FOR USE OR ACCESS APPLICABLE SERVICE(S) IN THE PAST THREE MONTHS, WHICHEVER IS GREATER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT SUCH DISCLAIMER OF WARRANTY OR LIMITATION OF LIABILITY, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF SUCH LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
14.4 Limitation Period
Any claim you may have arising out of or related to these Terms or the Services may not be brought unless made within the one-year period beginning on the date when the claim accrues or first could be filed. If it is not filed within such time, then that claim is permanently waived and barred.
15. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SERVICES
All information we collect on the Services is subject to our Privacy Policy at https://www.hearttohomemeals.com/privacy-policy. By accessing or using the Services, 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.
16. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless HTHM Parties 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 Services and any information obtained from the Services; (ii) your breach of this Agreement, including any use of the Services’ 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 Services and any termination of this Agreement.
17. GENERAL
17.1 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.
17.2 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 the parties agree otherwise, any arbitration hearings will take place in the Middlesex County, Commonwealth of Massachusetts.
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.
CLASS ACTION AND JURY TRIAL WAIVER. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, BY ENTERING INTO THIS AGREEMENT, EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY IN ARBITRATION, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. THIS MEANS THAT YOU MAY NOT PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING BROUGHT BY ANY THIRD PARTY.
You may opt out of binding arbitration and this class action and jury trial waiver by notifying us in writing within 30 days of signing this Agreement unless a longer period is required by laws. Your written notification must be mailed, emailed, or delivered to us at the address or email address listed in Section 18 (Contact Information) within 30 days after you have signed or accepted this Agreement and must include your name, your address, and a clear statement that you do not wish to resolve disputes through arbitration.
17.3 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.
17.4 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.
17.5 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 Services. 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 Services. 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.
17.6 Entire Agreement
These Terms, together with any documents expressly referred to in them, including our Privacy Policy at https://www.hearttohomemeals.com/privacy-policy, constitute the entire agreement between you and us with respect to the Services, and supersede all previous written or oral agreements.
17.7 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.
17.8 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.
17.9 Term and Termination
This Agreement is effective upon your acceptance of it in the course of using the Services and/or creating an account on the Services and it shall continue in effect until terminated in accordance with this section. You acknowledge that the Services is provided free of charge and HTHM may terminate this Agreement and the license granted herein at any time with or without notice to you by disabling access to the Services. We may also, in our sole discretion, modify, suspend, or discontinue at any time, with or without notice, the Services or portions thereof, including but not limited to the Services’ features, look and feel, and the functional elements and related services. You may terminate this Agreement at any time upon closing your account and ceasing use of the Services. Upon termination of this Agreement for any reason or no reason, your access rights will terminate and you must immediately cease all use of the Services.
18 CONTACT INFORMATION
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to:
In Writing: HTHM Operations LLC, 289 Elm Street (Suite 102), Marlborough, Massachusetts 01752
By Telephone: +1 (508) 658-3000
By Email: [email protected]