HomeFoods, Inc. Terms of Service
Effective Date: April 5, 2025
These Terms of Service (“Agreement,” “Terms,” or “Terms of Service”) constitute a legally binding agreement between you and LeagueAtlas, Inc. (“HomeFoods,” “we,” “us,” or “our”), a corporation duly formed, organized, and existing under the laws of the State of Delaware, and authorized to do business in, and doing business in, the State of California. Throughout this Agreement, the terms “you,” “your,” and “User” refer to any individual or entity who accesses or uses the HomeFoods Application.
HomeFoods operates a platform that connects Customers with licensed Home Culinary Providers who prepare homemade food items for pickup. By accessing or using our Application, registering for an account, placing an order through our Application, and/or clicking a button or taking similar action to signify your affirmative acceptance of this Agreement, you represent and warrant that:
If you do not agree to this Agreement, you may not access or use the Application.
For the purposes of this Agreement, the following terms shall have the meanings set forth below:
“Application”: The HomeFoods mobile and/or web application that facilitates connections between Home Culinary Providers and Customers.
“Content”: All information, text, images, photos, audio, video, location data, and all other forms of data or communication that you submit to the Application.
“Customer”: An individual who uses the HomeFoods Application to discover, order, and purchase food items from Home Culinary Providers.
“Home Culinary Provider”: An individual or entity operating as a licensed microenterprise home kitchen operation under applicable state and local laws (such as California Health and Safety Code §114367 et seq.), or a cottage food operation (under California Health and Safety Code §114365 et seq.) with either a “Class A” registration (allowing direct sales only) or a “Class B” permit (allowing both direct and indirect sales). Home Culinary Providers must obtain all required permits, registrations, and licenses before offering food items for sale on the Application. These providers prepare homemade food items in accordance with applicable health and safety regulations.
“Internet Food Service Intermediary”: As defined in California Health and Safety Code §114367.6, HomeFoods operates as an internet food service intermediary by providing a platform through which Home Culinary Providers may offer food for sale.
“Non-Personal Information”: Data in a form that does not permit direct association with any specific individual.
“Order”: A transaction initiated by a Customer through the Application to purchase food items from a Home Culinary Provider.
“Personal Information”: Information that is personally identifiable, such as your name, address, location data, payment information, e-mail address, or other contact information, and that is not otherwise publicly available.
HomeFoods reserves the right to modify the terms and conditions of this Agreement at any time, effective upon posting an updated version of this Agreement on the Application or on our website at www.homefoodsapp.com/terms. We will notify you of any material changes to this Agreement by email (at the email address associated with your account) or by other reasonable means. Your continued use of the Application after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to any modifications, you should immediately cease using the Application.
HomeFoods provides a platform that connects Customers with Home Culinary Providers. Key aspects of our services include:
You acknowledge and agree that HomeFoods is not a food preparation business and does not prepare, handle, package, or store food items. HomeFoods is not responsible for the quality, safety, or legality of items offered by Home Culinary Providers, the truth or accuracy of listings, or the ability of Home Culinary Providers to sell items or Customers to pay for items. HomeFoods does not have any control over the conduct of Home Culinary Providers, Customers, or other users of the Application.
As an Internet Food Service Intermediary under California Health and Safety Code §114367.6, HomeFoods complies with all legal requirements, including registration with the appropriate department, clearly posting permit requirements for microenterprise home kitchen operations, and providing a mechanism for handling food safety complaints.
To use certain features of the Application, you must register for an account. When you register, you will be required to provide accurate, current, and complete information about yourself and keep this information updated. You are solely responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.
You agree that:
HomeFoods reserves the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, incomplete, or fraudulent.
You agree to use the Application only for lawful purposes and in accordance with this Agreement. Without limiting other rules and prohibitions, by using the Application, you agree that:
HomeFoods reserves the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this provision, including removing the offending Content, suspending or terminating the account of such violators, and reporting them to law enforcement authorities.
If you register as a Home Culinary Provider, you additionally agree that:
If you register as a Customer, you additionally agree that:
By submitting, posting, or displaying Content on or through the Application, you grant HomeFoods a non-exclusive, worldwide, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, and display such Content for the purpose of providing and promoting the Application and its services. This license is subject to any additional privacy settings you select in your account.
You represent and warrant that: (i) you own the Content posted by you on or through the Application or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Application does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person.
The Application allows Customers to post ratings and reviews of Home Culinary Providers. You acknowledge that:
HomeFoods charges fees for the use of certain aspects of the Application, which may include service fees, platform fees, payment processing fees, and other fees as described on the Application. These fees may vary based on various factors, including but not limited to order value, location, and promotional offers. HomeFoods reserves the right to change its fee structure at any time. Any changes to the fee structure will be communicated to you through the Application or by email.
Payment for all Orders must be made through the Application using the payment methods we accept. You agree to provide accurate and complete payment information and authorize HomeFoods to charge your chosen payment method for all Orders and applicable fees. HomeFoods uses third-party payment processors to process payments, and your use of such third-party payment services may be subject to additional terms and conditions.
You are responsible for paying all applicable taxes associated with your use of the Application, including sales tax on Orders placed through the Application. HomeFoods may calculate, collect, and remit taxes where required by law. The amount of taxes charged on your Order will be calculated based on applicable tax rates at the time your Order is completed.
Refunds and cancellations are subject to HomeFoods’s Refund Policy, which is incorporated into this Agreement by reference. Generally, all sales are final once an Order has been confirmed by a Home Culinary Provider, unless otherwise required by applicable law. HomeFoods reserves the right to issue refunds or credits at its sole discretion.
HomeFoods may offer promotional codes, discounts, or credits that can be applied to Orders. These promotional offers are subject to specific terms and conditions, which may include expiration dates, minimum order requirements, and limitations on use. HomeFoods reserves the right to modify or cancel promotional offers at any time.
The Application, including all content, 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 HomeFoods, 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.
Subject to your compliance with this Agreement, HomeFoods grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Application for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Application, except as follows:
You may not:
Your privacy is important to us. Our Privacy Policy, which is incorporated into this Agreement by reference, explains how we collect, use, and disclose information about you. By using the Application, you consent to the collection, use, and disclosure of information as described in our Privacy Policy.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ALL CONTENT, FUNCTIONS, SERVICES, PRODUCTS, AND MATERIALS PROVIDED THROUGH THE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR COURSE OF PERFORMANCE.
HOMEFOODS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS DO NOT WARRANT THAT: (1) THE APPLICATION WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (2) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (3) THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (4) THE RESULTS OF USING THE APPLICATION WILL MEET YOUR REQUIREMENTS; (5) THE APPLICATION OR ITS CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; OR (6) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR EXPECTATIONS.
HOMEFOODS DOES NOT GUARANTEE, REPRESENT, OR WARRANT: (1) THE QUALITY, SAFETY, ACCURACY, OR LEGALITY OF ANY HOME CULINARY PROVIDER OR FOOD ITEMS OFFERED; (2) THE QUALIFICATIONS, BACKGROUND, OR IDENTITY OF ANY HOME CULINARY PROVIDER; (3) THE TRUTH OR ACCURACY OF CONTENT POSTED BY USERS OR HOME CULINARY PROVIDERS; (4) THAT ANY HOME CULINARY PROVIDER WILL PROVIDE FOOD ITEMS AS DESCRIBED; OR (5) THAT ANY HOME CULINARY PROVIDER WILL COMPLY WITH APPLICABLE LAWS, REGULATIONS, HEALTH CODES, OR FOOD SAFETY STANDARDS.
YOU ACKNOWLEDGE AND AGREE THAT:
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOMEFOODS OR THROUGH OR FROM THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOMEFOODS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR:
HOMEFOODS’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE APPLICATION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, IS LIMITED TO THE GREATER OF: (1) THE AMOUNT YOU HAVE PAID TO HOMEFOODS IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (2) $100 USD.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOMEFOODS AND YOU. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
If you are a California resident, you hereby waive the protections of California Civil Code § 1542 with respect to any and all claims, injuries, and damages arising from your use of the Application or from this Agreement. You expressly waive any unknown claims that may be protected by California Civil Code § 1542.
HomeFoods is not responsible for any adverse reactions to food items prepared by Home Culinary Providers. If you have food allergies, sensitivities, dietary restrictions, or medical conditions, you must communicate directly with the Home Culinary Provider before placing an Order to ensure that the food items meet your specific requirements. HomeFoods will not be liable for any allergic reactions, illness, or other damages resulting from food items obtained through the Application.
To the maximum extent permitted by applicable law, you hereby release and forever discharge HomeFoods and its officers, directors, employees, agents, affiliates, subsidiaries, successors, assigns, licensors, and service providers from any and all claims, demands, liabilities, costs, damages, losses, and expenses (including attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with:
13.6Indemnification
You agree to defend, indemnify, and hold harmless HomeFoods, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, expenses, judgments, settlements, and attorneys’ fees arising out of or relating to:
This defense and indemnification obligation will survive this Agreement and your use of the Application.
HomeFoods shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, civil unrest, embargoes, labor disputes, power failures, network or system outages, internet disruptions, computer viruses, fire, flood, epidemics, pandemics, public health emergencies, government regulations, or other similar events.
13.8Exclusive Remedy
Your exclusive remedy for dissatisfaction with the Application is to stop using the Application. Without limiting the foregoing, in no case shall HomeFoods, its officers, directors, employees, agents, or suppliers be liable for any damages, losses, or injuries arising from or related to:
This Agreement and your relationship with HomeFoods shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of this Agreement shall be governed by the laws of the State of California, consistent with the Federal Arbitration Act (“FAA”), without giving effect to any principles that provide for the application of the law of another jurisdiction.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and HomeFoods agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to: (i) bring an individual action in small claims court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in this clause (ii) shall be referred to as an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Los Angeles County, California, and each of the parties consents to the personal jurisdiction and venue of these courts. Unless you and HomeFoods agree otherwise, the arbitration will be conducted in Los Angeles County, California.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND HOMEFOODS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
FURTHER, UNLESS BOTH YOU AND HOMEFOODS OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.
Prior to initiating arbitration, you and HomeFoods each agree to notify the other party of the dispute and attempt to negotiate an informal resolution. You must send this notification to HomeFoods by email at [email protected]with “Pre-Arbitration Notice” in the subject line. HomeFoods will send its notice to the email address associated with your HomeFoods account. This notification must include (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If you and HomeFoods cannot resolve the dispute within sixty (60) days after the notification is received, then either party may commence arbitration proceedings.
14.4Arbitration Process and Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration and a separate form for California residents at www.adr.org.
The arbitrator will be either (1) a retired judge or (2) an attorney licensed to practice law and with at least ten years of experience. The arbitrator will be selected in accordance with the AAA Rules. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules.
The arbitration will be conducted in the English language. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and this Agreement. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and HomeFoods.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If you prevail in the arbitration, HomeFoods will reimburse you for your reasonable attorneys’ fees and expenses to the extent provided under applicable law. If HomeFoods prevails in the arbitration, neither you nor HomeFoods will be entitled to an award of attorneys’ fees or expenses unless applicable law specifically requires such an award.
YOU AND HOMEFOODS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor HomeFoods shall be entitled to arbitrate the Dispute.
With the exception of any of the provisions in Section 14.6 (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement will still apply. If the Class Action Waiver is found to be invalid or unenforceable, then Section 14 will be deemed inapplicable and any Dispute shall proceed in a court as set forth in Section 14.9.
You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to[email protected] within thirty (30) days of first registering for or using the Application. Your notice must include your name, address, and a clear statement that you do not wish to resolve disputes with HomeFoods through arbitration. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have with HomeFoods.
To the extent that the Arbitration Agreement above does not apply, or if you opt out of arbitration, you and HomeFoods agree that any litigation between us shall be filed exclusively in the state or federal courts located in San Francisco County, California, and you expressly consent to the jurisdiction of those courts.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Application or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. This limitation does not apply to IP Protection Actions or to claims specifically exempt from such limitation under California law.
This Arbitration Agreement will survive the termination of your relationship with HomeFoods.
HomeFoods reserves the right, in its sole discretion, to terminate your access to all or part of the Application, with or without notice, for any reason or no reason, including without limitation, breach of this Agreement. Upon termination, your right to use the Application will immediately cease, and you must destroy all materials obtained from the Application and all copies thereof.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
16.1Internet Food Service Intermediary Compliance
In accordance with California Health and Safety Code §114367.6, HomeFoods acknowledges its role as an Internet Food Service Intermediary and agrees to:
16.2California Consumer Privacy Act
If you are a California resident, you have certain rights under the California Consumer Privacy Act (“CCPA”) with respect to your Personal Information. For more information about these rights and how to exercise them, please see our Privacy Policy.
16.3California Transparency in Supply Chains Act
Under the California Transparency in Supply Chains Act, HomeFoods is required to disclose its efforts to eradicate slavery and human trafficking from its direct supply chain for the goods offered for sale. HomeFoods has a zero-tolerance policy for slavery and human trafficking and expects all Home Culinary Providers to comply with applicable laws and regulations regarding labor practices, health and safety, and anti-human trafficking measures.
16.4California Shine the Light Law
California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits Users who are California residents to request and obtain from us, once a year and free of charge, information about categories of Personal Information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared Personal Information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us at the contact information provided in this Agreement.
16.5California Electronic Commerce Act
Under California Civil Code Section 1789.3, California Users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
This Agreement, together with the Privacy Policy and any other legal notices, policies, guidelines, and agreements published by HomeFoods on the Application, constitutes the entire agreement between you and HomeFoods concerning the Application and supersedes all prior or contemporaneous communications, representations, understandings, and agreements, whether oral or written, between you and HomeFoods with respect to the Application. No oral or written information or advice given by HomeFoods, its employees, representatives, agents, or contractors shall create a warranty or otherwise modify this Agreement. If any provision of this Agreement conflicts with any provision of any other HomeFoods agreement or policy, the provisions of this Agreement shall control with respect to the subject matter hereof.
In the event that any provision of this Agreement is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions, which shall remain in full force and effect. Any unenforceable provision shall be replaced by HomeFoods with a provision that most closely approximates the intention of the unenforceable provision.
The failure of HomeFoods to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision, nor will it be deemed a waiver of HomeFoods’s right to require strict compliance with the provisions of this Agreement in the future. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of HomeFoods. No single waiver shall constitute a continuing or subsequent waiver. HomeFoods’s rights and remedies under this Agreement are cumulative and not exclusive.
This Agreement, and any rights, obligations, and licenses granted hereunder, may not be transferred or assigned by you, in whole or in part, whether voluntarily, by operation of law, or otherwise, without the prior written consent of HomeFoods, and any attempted assignment, transfer, or delegation without such consent will be void and of no effect. HomeFoods may assign, transfer, delegate, or sublicense this Agreement or any rights or obligations hereunder, in whole or in part, without restriction or notification to you. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by HomeFoods under this Agreement, including those regarding modifications to this Agreement, will be given: (i) by posting to the Application; (ii) by email to the email address associated with your account; (iii) by text message to the phone number associated with your account; or (iv) by written communication sent by first class mail or pre-paid post to the address associated with your account. For notices made by email or text message, the date of receipt will be deemed the date on which such notice is transmitted.
Notices to HomeFoods must be sent to:
Email: [email protected]
HomeFoods shall not be liable for any failure or delay in performing its obligations under this Agreement that results from causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, civil unrest, embargoes, labor disputes, power failures, network or system outages, internet disruptions, computer viruses, fire, flood, earthquakes, explosions, epidemics, pandemics, public health emergencies, unusually severe weather conditions, government regulations or orders, shortage of supplies, carriers, or infrastructure, or other similar events. In the event of such failure or delay, the date of performance will be extended for a period equal to the time lost by reason of the delay.
Nothing in this Agreement shall be construed as creating a partnership, joint venture, employment, or agency relationship between you and HomeFoods. Neither party shall have the authority to enter into agreements of any kind on behalf of the other or bind the other in any manner whatsoever. You and HomeFoods are independent contractors. Nothing in this Agreement creates any special relationship between the parties, such as a partnership, joint venture, or employee-employer relationship.
This Agreement is intended solely for the benefit of the parties and does not create any third-party beneficiary rights, except as expressly stated herein. A person who is not a party to this Agreement shall have no rights under or in connection with it, except as specifically provided in this Agreement.
The section titles and headings in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” Words used in the singular include the plural, and vice versa. Words of one gender include all other genders. Wherever the word “may” is used, it means that HomeFoods has the sole discretion to take or not take the specified action. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
Your use of the Application includes the ability to enter into agreements electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements. Your agreement to enter into such contracts electronically shall be effective as to all aspects of this Agreement, including any additional terms, conditions, and policies incorporated herein.
Any cause of action or claim you may have arising out of or relating to this Agreement or the Application must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred. This provision shall not extend any shorter limitation periods established by applicable law.
HomeFoods makes no representation that all features, products, or services discussed on the Application are appropriate or available for use in locations outside the United States or in all territories within the United States. If you choose to access the Application from locations outside California or from restricted jurisdictions, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Application may be subject to U.S. export control laws. You agree not to, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You further agree to comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the U.S.
Except as provided herein, the rights and remedies provided under this Agreement are cumulative and not exclusive of any other rights or remedies provided under this Agreement or by law. Any specific right or remedy conferred upon or reserved to HomeFoods in any provision of this Agreement shall not preclude the concurrent or consecutive exercise of a right or exhaust a remedy provided in any other provision hereof.
If you are a California resident, to the extent permitted by California law, you agree to waive California Civil Code Section 1542, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
If you have any questions about this Agreement, please contact us at:
LeagueAtlas, Inc.
Email: [email protected]
By accepting these Terms of Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement.