TERMS OF SERVICE
(Last Modified: APRIL 22, 2019)
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” refers to these Terms of Service; “Hometown Harvest Kitchen” refers to our company, known as “Hometown Harvest Kitchen LLC”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used; “Service” refers to the goods and services that we provide through our Site, including the prepared meals sold through our Site and our Site itself; “Site” refers to our website, www.hometownharvest.com and www.hometownharvestkitchen.com; “User” refers to anyone who uses our Service, including general visitors to our Site; “You” refers to you, the person who is entering into this Agreement with Hometown Harvest Kitchen.
3. Description of Service
Hometown Harvest Kitchen is a restaurant located in downtown frederick. Our restaurant provides a fast casual farm to fork dining experience including serving South Mountain Creamery Ice cream. In addition Hometown Harvest Kitchen produces prepared meals which are sold on site as well as through wholesale partners including but are not limited to South Mountain Creamery and Hometown Harvest Kitchen.
5. Nature of Service
Hometown Harvest Kitchen is provided on an as-is, where-is basis. You agree that you are solely responsible for determining whether the use of Hometown Harvest Kitchen is right for you, and to hold Hometown Harvest Kitchen harmless for any loss which may arise from or relate to your use of our Service.
6. Use of the Services
YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THE SERVICES. Some Services may require that you must be 18 or older to use the Service. The Services are not targeted toward, nor are they intended to be used by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
The Services are made available to provide information about Hometown Harvest Kitchen, and to provide certain marketing and other programs and services offered by Hometown Harvest Kitchen (“Programs”).
You may not use the Services for any purpose that: (a) is prohibited by the Terms; (b) violates any applicable law; (c) causes damage on or through the Services; (d) infringes upon the rights of any third party; (e) is defamatory, libelous, abusive, obscene, pornographic, lewd, indecent, suggestive, harassing, threatening, inflammatory, fraudulent or otherwise objectionable; (f) results in the commercial resale of Hometown Harvest Kitchen items without the prior written consent of Hometown Harvest Kitchen; or (g) actually affects or interrupts or attempts to affect or interrupt operation of the Services.
You agree to defend, indemnify and hold Hometown Harvest Kitchen, its Suppliers and each of their respective employees, officers, directors and insurers, harmless from and against any actual or threatened demands of any kind or nature arising out of or in connection with your violation of the these Terms.
There are no fees charged by Hometown Harvest Kitchen to use the Services, but there may be data usage or other like fees owed to your mobile carrier resulting from such use, for which you are responsible, and you are responsible for payment of any items purchased through the Services.
Hometown Harvest Kitchen may discontinue or change specifications on products described and/or displayed through the Services from time to time without prior notice. Hometown Harvest Kitchen reserves the right to suspend, block or terminate your access to all or any portion of the Services and/or participation in any Program without notice and in its sole discretion (including without limitation for actual or suspected fraud, unauthorized use of any Program, member card or account or failure to comply with these Terms). Hometown Harvest Kitchen also reserves the right to seek all other remedies available at law and in equity.
7. Online Ordering
Hometown Harvest Kitchen may make available to you the ability to order online. These Terms apply only to orders placed through the Services. Minimum order amounts may apply. Any applicable delivery fees, taxes and other amounts due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the Services. You are responsible for payment of your order by means of a payment option made available through the Services at the time of ordering. We use third party providers and may accept various third party services to process payments. The Hometown Harvest Kitchen is responsible for fulfilling your order and for any questions or other communications regarding your order. Discounts, coupons and other offers may not be able to be combined with online ordering. The Services may allow you to customize your order. Portion size references (extra, light, etc.) are for convenience only and do not indicate nutrient content information of any kind. Refunds, if any, of amounts paid for cancelled catering orders will be identified at the time of cancellation. Please contact Hometown Harvest Kitchen for fulfilling your order directly to identify amounts due.
9. Our Copyright
Hometown Harvest Kitchen’s copyright is important because it protects our content from being diminished in its uniqueness by third parties. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
“Hometown Harvest Kitchen” is a trademark used by us and protected by the United States Patent and Trademark Office, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Service or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing service.
11. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
12. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
14. Choice of Law
This Agreement shall be governed by the laws in force in the State of Maryland. The offer and acceptance of this contract are deemed to have occurred in the State of Maryland.
15. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Maryland. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the District Court of the State of Maryland (“Small Claims Court”) in accordance with Title 3 of the Maryland Rules (“Civil Procedure – District Court”) as well as all other applicable law.
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court. At the time of the drafting of this Agreement, the monetary jurisdiction of the Small Claims Court is $5,000.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
16. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Hometown Harvest Kitchen shall have the sole right to elect which provision remains in force.
Hometown Harvest Kitchen reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
20. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will post the changes here. You must read this page each time that you use our Service and your continued use of our Service shall constitute your acceptance of any such changes.
(Last Modified: April 22, 2019)
Throughout this document, we may use certain words or phrases, and it is important that you understand the meaning of them. The following is a non-exhaustive list of definitions of words and phrases found in this document:
“Hometown Harvest Kitchen” refers to our company, known as “Hometown Harvest Kitchen LLC”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
3. Information Collected
Whenever you visit our Site, we may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.
4. Use of Your Information
We may use your information to:
• Enhance or improve User experience, our Site, or our Service.
• Process transactions.
• Send e-mails about our Site or respond to inquiries.
• Send our e-mail newsletter.
• Perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Site or Service.
5. Accessing, Editing, and Removing Your Information
Users may in some cases be able to review and edit the personal information they have provided to us by logging into your account on the Site and editing their account. Although most changes may occur immediately, information may still be stored in a web browser’s cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.
Additionally, our Service uses Google AdSense, which uses the DoubleClick cookie. For more information about the DoubleClick cookie, including how to opt out of it, please feel free to visit https://support.google.com/adsense/answer/2839090?hl=en.
8. Third Party Access to Your Information
Although you are entering into an Agreement with Hometown Harvest Kitchen to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.
Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website.
Without limiting the generality of the foregoing, you authorize us to collect, share, store, and otherwise use your information in conjunction with:
• Google Analytics
9. Release of Your Information for Legal Purposes
At times it may become necessary or desirable to Hometown Harvest Kitchen , for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.
10. Commercial and Non-Commercial Communications
11. Security Measures
We take certain measures to enhance the security of our Site and Service, including using SSL certificates. However, we make no representations as to the security or privacy of your information. It is in our interest to keep our website secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.