Homeplate, LLC
Terms of Service
Last updated: November 8, 2022
This website is owned and operated Homeplate, LLC (“Homeplate” or “we/us”). Please read these Terms and Conditions (“Terms”) fully and carefully before using www.homeplateco.com (the “Site”) and any of the services, features or content provided.
Please read this page carefully. By using the Site, you agree to be bound by all of the Terms set forth below. If you do not accept these Terms, please do not use the Site. Homeplate may, in its sole discretion, revise these Terms at any time; therefore, you should visit this page periodically to review the Terms. By making a purchase from Homeplate’s Site, you understand and agree that Homeplate may share information about you and your transaction, including for fraud prevention, vendor shipping, and credit card authorization.
Jurisdiction
The Site, including its information, services, and content, is intended for use within the United States. Homeplate makes no representation that the Site, including its information, services, and content, are appropriate or available for use in other locations. Those who choose to access the Site from locations other than the United States do so on their own initiative and are responsible for compliance with local laws as applicable.
Terms of Sale
Each booking of Homeplate’s services or products, subscriptions, or information through the Site (collectively “Products”) is expressly made conditional on your assent to these Terms, including without limitation the following:
Booking Terms. All bookings are subject to these Terms, and Homeplate’s acceptance of a user order is limited to these Terms. Homeplate expressly disclaims and rejects any additional terms. These Terms may be modified by a written agreement signed by an authorized Homeplate representative.
Transfer of information. By requesting a booking on the Site, you may be asked to supply certain information relevant to your order including but not limited to, your name, email, phone number and credit card information. By requesting a booking, you also consent to the transfer of your information as required to complete the transaction, as set forth in our Privacy Policy.
Order Cancellation and Returns.
Customer Cancellations:
You may not cancel any bookings that are within seventy-two (72) hours of the scheduled service.
You may cancel booking requests prior to them being accepted by a chef/provider.
Homeplate Cancellations:
We reserve the right to refuse or cancel your booking at any time for any reason.
In the event we are unable to match a provider/chef with your booking request we will provide you a full refund.
In the event the provider/chef declines or cancels your booking request, we will provide you with a full refund.
Booking availability. We do not guarantee the accuracy or completeness of any information on our Site, including product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.
Taxes. You are responsible for all applicable fees and all federal, state, municipal, and other government taxes on the sale and delivery of any Product.
Remedies. In the event of your default under these terms and conditions, Homeplate shall have available all rights and remedies at law or in equity. You agree to pay Homeplate all costs and expenses, including attorneys’ fees, incurred by Homeplate in exercising any of its rights and remedies. No failure on the part of Homeplate to exercise and no delay in exercising any right or remedy shall operate as a waiver thereof. No waiver by Homeplate of any default shall constitute a waiver by Homeplate of any additional or subsequent default.
Purchases. We will charge your payment method at the time of booking, in the event your booking is cancelled in accordance with the Order and Cancellation Section, you may be eligible for a refund.
Promotions. Any promotions made available through the Site may include additional and different terms separate from these Terms. In the event promotional terms vary from these Terms, the promotional terms will apply.
Pricing. Homeplate reserves the right to revise their prices at any time prior to a booking being accepted. The prices quoted may be revised by Homeplate subsequent to accepting an order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher costs, and any other matter beyond the control of Homeplate.
User Account
All registered users (“Users”) of the Site must be over the age of 18, and shall create a password and an account (“Account”). You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer, web-enabled device and/or account. You are liable for all activities conducted in connection with your Account, and the accuracy of all information relating thereto, including contact, technical and payment information and your login credentials. You are responsible for updating your Account information when it changes, and notifying us if there has been any unauthorized use of your Account. You will not allow your Account to be shared or used by anyone other than you. We reserve the right to refuse service, terminate accounts, and remove or edit content in our sole discretion.
User Responsibilities
You acknowledge that you are responsible for whatever material you submit to the Site, if any, including its legality, reliability, appropriateness, originality, or copyright. Your use of the Site shall be for lawful purposes only, as outlined below.
You will register an account in your own legal name, even if providing care for another person.
By placing or downloading material on to the Site, including intellectual property, documents, text, images, audio files or other audio-visual content to the Site (“User Content”), you represent and warrant: (a) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under this Agreement; and (b) the User Content will not cause injury to any person or entity.
You represent and warrant that you are providing User Content and using the Site solely as intended.
Without limitation, you may not submit to or transmit through this Site any material, or otherwise engage in any conduct that:
Transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner;
Send material that reveals trade secrets, unless you own them or have the permission of the owner;
Send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
Send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; Intentionally or unintentionally violate or encourage conduct that would violate any local, state, or federal law;
Send advertisements or solicitations of business;
Use the Site in violation of any third-party license or agreement;
Use, modify, copy, or create derivative works from the Site or any marks without the applicable owner’s written permission, including without limitation using automated or manual means to access or copy content from the Site;
Frame, mirror, embed or otherwise incorporate any portion of the Site in any other site, service or product without the applicable owner’s written permission;
Send or store unsolicited, infringing, harassing, obscene, threatening, harmful, defamatory, or otherwise unlawful content;
Facilitate the transmission or use of any malicious code, traps, time bombs, malware, viruses, worms, trojan horses and the like;
Use the Site in any way not expressly authorized by these Terms;
Send chain letters or pyramid schemes; or
Impersonate another person.
Homeplate reserves the right to expel you and to prevent you further access to the Site for violating these Terms or the law. The violation of any of these Terms shall result in the immediate revocation of your right to access or use the Site or Site Material (defined below) and obligates you to immediately destroy any copies of the Site Material in your possession.
Homeplate has the right but assumes no voluntary duty to monitor and edit or remove any comments or product review (“Comments”) posted by other users on the Site. You are solely responsible for the Comments you post on or through the Site, for their accuracy, and for the consequences of submitting and posting those Comments. Also, you should be cautious about information provided by others, and you acknowledge that the use of any Comments posted on the Site is at your own risk to the fullest extent allowed by applicable law. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right.
We are not responsible for, and we do not endorse, the opinions, advice, suggestions or recommendations posted or sent by users in any Comments and we specifically disclaim any liability in connection therewith to the fullest extent allowed by applicable law.
Use of Site Material
The contents of the Site, such as text, graphics, images and other content (the “Site Material”) are protected by copyright under both United States and foreign laws. These Terms do not grant you any license whatsoever to the Site Material except as described in this paragraph. Unauthorized use of the Site Material violates copyright, trademark, and other laws. Except as expressly provided herein, you may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other website or in a networked environment is prohibited. Homeplate retains all intellectual property rights in the Site Material.
Trademarks
The names, marks and logos appearing on the Site are, unless otherwise noted, trademarks owned by or licensed to Homeplate. Your use of these marks, except as provided in these Terms, is prohibited. From time to time, Homeplate makes fair use in its Site of trademarks owned and used by third parties. Homeplate makes no claim to ownership of those marks.
All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those third parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Homeplate or the Site.
DISCLAIMER OF WARRANTIES
HOMEPLATE DOES NOT WARRANT THAT THIS SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE HOMEPLATE SITE OR THE SITE MATERIAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, HOMEPLATE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.
THE SITE, THE SITE MATERIAL, PRODUCT, AND PRODUCT DELIVERY ARE PROVIDED ON AN “AS IS” AND “AT YOUR OWN RISK” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. HOMEPLATE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH HOMEPLATE STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
HOMEPLATE DOES NOT MAKE ANY WARRANTIES AS TO THE RESULT OR OUTCOME OF USING THE SITE, THE PRODUCTS, PRODUCT DELIVERY OR PROPERLY FOLLOWING ANY INSTRUCTIONS, RECOMMENDATIONS, DIRECTIONS, OR RECIPES CONTAINED IN THE SITE MATERIAL.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING, ACCESSING, OR OBTAINING ANY CONTENT FROM THE SITES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. HOMEPLATE HAS NO LIABILITY OF ANY KIND FOR ANY LOSS OF DATA OR INFORMATION.
FURTHERMORE, YOU ASSUME ALL RISK FOR ANY DAMAGES, INJURY, LOSSES, OR LIABILITIES (COLLECTIVELY “LOSSES”) RELATED TO OR CAUSED FROM THE CHEF’S USE OF YOUR KITCHEN, HOME, APARTMENT, SITE, OR OTHER LOCATION IN WHICH YOU REQUEST THE PRODUCTS/SERVICES BE DELIVERED. HOMEPLATE HAS NO LIABILITY OF ANY KIND FOR ANY LOSS WHATSOEVER THAT YOU MAY INCUR AS A RESULT OF THE FOREGOING.
APPLICABLE LAW(S) MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
LIMITATION OF LIABILITY
IN NO EVENT WILL HOMEPLATE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, INVESTORS, AGENTS, MEMBERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SITE, THE PRODUCTS PURCHASED FROM THE SITE, OR THE CHEF OR CHEFS’ DELIVERY OF THE PRODUCT(S) INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), EVEN IF HOMEPLATE HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE OR ACCESS THE SITE, THE PRODUCTS OR SERVICES, OR CONTENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, RELY ON, OR DISTRIBUTE; (e) THE LOSS OF ANY DATA, INFORMATION, OR CONTENT SUBMITTED OR POSTED TO THE SITE; (f) THE CHEF’S DELIVERY OF THE PRODUCTS/SERVICE; (g) THE CHEF’S USE OF ANY LOCATION (INCLUDING BUT NOT LIMITED TO THE USER’S HOUSE, APARTMENT, RENTED LOCATION, OR ANY OTHER REQUESTED DELIVERY LOCATION); OR (h) THE CHEF’S USE OF ANY USER’S KITCHEN; UTENSILS, MACHINES, TOOLS, POTS PANS ETC.
IN NO EVENT WILL HOMEPLATE’S LIABILITY OR THE LIABILITY OF ITS LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AFFILIATES, INVESTORS, AGENTS, AND CONTRACTORS IN CONNECTION YOUR USE OF THE SITE, OR THE PURCHASE OF THE PRODUCTS UNDER ANY THEORY OF RECOVERY, EXCEED $1,000.
THESE TERMS DEFINE YOUR SOLE AND EXCLUSIVE REMEDY.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS. BY USING THE SITE, YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT, IF WE ARE A PARTY TO THE PROCEEDING.
Third-Party Sites
Our Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that Homeplate is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and Homeplate is not responsible for your use of said third-party sites.
Indemnification
By using our Site, you agree to indemnify, defend, and hold harmless Homeplate, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including legal and accounting fees) that Homeplate may become obligated to pay arising or resulting from; (i) your use of the Site, the Site Material; (ii) your breach of these Terms; (iii) your purchase of the Products; (iv) the delivery of the Products(s); (v) the Chef’s use of your home, apartment, site, or delivery location of the Products; and (vi) any guests, persons or participants who participate in or are at the Product delivery location. Homeplate reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
Privacy
Please see Homeplate’s Privacy Policy. You agree that by accepting these Terms, you are consenting to the use and disclosure of your personal information and other practices as described in our Privacy Policy.
Miscellaneous
These Terms are governed by the substantive laws of the State of Ohio, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in the State of Ohio with respect to any dispute, disagreement, or cause of action related to or involving the Site. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Site, these Terms constitute the entire agreement between you and Homeplate with respect to your use of the Site.
If any provision of these Terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party.
You acknowledge and agree that Homeplate may preserve and disclose the contents of your online communications if required to do so by law, or in good faith belief that preservation and/or disclosure is reasonably necessary for the following purposes: (a) to comply with legal process, such as a court order, search warrant, or subpoena; (b) to enforce the terms of these Terms; (c) to render service you request; (d) to protect Homeplate’s rights or property; or (e) in circumstances that Homeplate deems, in its sole discretion, to pose a threat to the safety of you or others.
Homeplate reserves the right, at any time, to modify, alter, or update these Terms without prior notice. Modifications shall become effective immediately upon being posted on the Site. Your continued use of the Site or transactions made after amendments are posted constitutes an acknowledgement and acceptance of these Terms and its modifications. Except as expressly stated herein, these Terms may not be amended.
Homeplate reserves the right to modify or discontinue the Site with or without notice. Homeplate shall not be liable to you or any third party should Homeplate exercise its right to modify or discontinue the Site. you acknowledge and accept that Homeplate does not guarantee continuous, uninterrupted, or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of Homeplate’s control.
Contact Us
If you have any questions regarding these Terms or our Site, you can contact us:
By email: help@homeplateco.com
By visiting this page on our website: https://homeplateco.com/contact
