Agreement between user (“you”) and Home Cooked USA LLC.
The homecookedusa.com website (the “Site”) is comprised of various web pages operated by Home Cooked USA LLC (“Home Cooked USA”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The site homecookedusa.com is an informational and eCommerce site.
The Site is here to provide cooks, a first-class platform to offer and promote their food for sell to customers. The Site will also offer relevant information for cooks and customers to learn more about the joy of home cooked food.
By visiting the site and/or purchasing on the site, you engage in the site’s “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of Home Cooked USA, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using the site. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the site shall also be subject to the Terms of Service. Home Cooked USA reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the site.
It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
“Cook” means an individual who is licensed to prepare food from home for sale to consumers.
“Customer” means an individual who purchases food from a cook on the Site.
“Pickup Location” these are Home Cooked USA authorized locations for the cook and customer to exchange purchased items.
“Transaction” an agreement between two parities to exchange goods for monetary value.
“Direct Sell” means the transaction is an agreement between the cook and the customer with no intermediate transactions taking place.
All transactions conducted on homecookedusa.com are direct sell transactions between a cook and a customer. The customer will authorize the cook to drop-off the purchased items at an agreed upon pickup location where the customer will receive the items.
Cooks must be authorized by Home Cooked USA to list and promote their food on the Site.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must 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 this website without Home Cooked USA express written consent.
You must not use this website to transmit or send unsolicited commercial communications
You must not use this website for any purposes related to marketing without Home Cooked USA express written consent.
Access to certain areas of this website is restricted. Home Cooked USA reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Home Cook USA discretion.
If Home Cooked USA provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Home Cooked USA may disable your user ID and password in Home Cooked USA sole discretion without notice or explanation.
Visiting the Site or sending emails to Home Cooked USA constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
This website is provided “as is” without any representations or warranties, express or implied. Home Cooked USA makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Home Cooked USA does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Home Cooked USA is not responsible for third party access to your account that results from theft or misappropriation of your account. Home Cooked USA and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in Home Cooked USA’s sole discretion.
Home Cooked USA does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
Personal Information Collection
Home Cooked USA may collect and use the following kinds of personal information:
- information about your use of this website (including cookies);
- information that you provide using for the purpose of booking with the website (including personal details and contact information
- information about transactions carried out over this website;
- information that you provide for the purpose of subscribing to the website services; and
- any other information that you send to Home Cooked USA.
Account Transfer or Cancellation
You may not transfer or sell your Home Cooked USA account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. Right to Refuse Service: Home Cooked USA services are not available to temporarily or indefinitely suspended Home Cooked USA members. Home Cooked USA reserves the right, in our sole discretion, to cancel unconfirmed or inactive accounts. Home Cooked USA reserves the right to refuse service to anyone, for any reason, at any time.
Errors, Inaccuracies and Omissions
Occasionally there may be information on the site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Home Cooked USA reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). Home Cooked USA undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
If you cancel or request a refund for an order prior to the scheduled pickup day:
You will be refunded the price paid in full. Unless the item was identified as non-refundable.
If you cancel an order on your pickup day or after receiving your item(s):
Home Cooked USA will contact you to determine a resolution that meets your needs and is fair for the cook.
Home Cooked USA will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Links to Third Party Sites/Third party services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Home Cooked USA and Home Cooked USA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Home Cooked USA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Home Cooked USA of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the homecookedusa.com domain, you hereby acknowledge and consent that Home Cooked USA may share such information and data with any third party with whom Home Cooked USA has a contractual relationship to provide the requested product, service or functionality on behalf of homecookedusa.com users and customers.
No Unlawful or Prohibited Use of Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Home Cooked USA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Home Cooked USA content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Home Cooked USA. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Home Cooked USA or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, reviews, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Home Cooked USA has no obligation to monitor the Communication Services. However, Home Cooked USA reserves the right to review materials posted to a Communication Service and to remove any materials in Home Cooked USA’s sole discretion. Home Cooked USA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Home Cooked USA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Home Cooked USA’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Home Cooked USA does not control or endorse the content, messages or information found in any Communication Service and, therefore, Home Cooked USA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Home Cooked USA spokespersons, and their views do not necessarily reflect those of Home Cooked USA.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to Home Cooked USA
Home Cooked USA does not claim ownership of the materials you provide to Home Cooked USA (including feedback and suggestions) or post, upload, input or submit to any Home Cooked USA Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Home Cooked USA, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Home Cooked USA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Home Cooked USA’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
Your Home Cooked USA account will be connected to third party accounts. By connecting your Home Cooked USA account to a third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not create an account.
The Service is controlled, operated and administered by Home Cooked USA from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Home Cooked USA content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Home Cooked USA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Home Cooked USA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Home Cooked USA in asserting any available defenses.
Breaches of These Terms and Conditions
Without prejudice to Home Cooked USA other rights under these terms and conditions, if you breach these terms and conditions in any way, Home Cooked USA may take such action as Home Cooked USA deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Disclaimer of Warranties; Limitation of Liability
Home Cooked USA does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Home Cooked USA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Home Cooked USA liability shall be limited to the maximum extent permitted by law.
Home Cooked USA reserves the right, in our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Home Cooked USA as a result of this agreement or use of the Site. Home Cooked USA’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Home Cooked USA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Home Cooked USA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Home Cooked USA with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Home Cooked USA with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Home Cooked USA in relation to your use of this website, and supersede all previous agreements in respect of your use of this website
Changes to Terms
Home Cooked USA reserves the right, in our sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Home Cooked USA encourages you to periodically review the Terms to stay informed of updates.
Questions regarding the Terms:
Home Cooked USA LLC
P.O. Box 1852
Roswell, Georgia 30077-1852
Email Address: [email protected]
Telephone number: (404) 692-3070
Effective as of July 25, 2019