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Terms of Use 

Rhombus Technologies LLC ("HoF," "we," "us," "our") provides certain content and services through the HoF website (the "Site"), its mobile applications, technology platform, and other related services (collectively referred to as the "Service"). Your use of the Service is governed by these Terms of Service (as updated from time to time, the "Terms of Service"). These Terms of Service establish a legally binding agreement ("the Agreement") between you and HoF, including its affiliates, parents, subsidiaries, representatives, officers, and directors. We reserve the right to update or modify these Terms of Service at our discretion. Any changes will be posted on this page, and we will indicate the date of the last revision. These changes will take effect immediately upon your acceptance of the updated Agreement. Your continued use of the Service after any changes are posted constitutes your acceptance of the updated Terms of Service. If changes are made to the arbitration provisions, you will not be granted a new opportunity to opt-out of arbitration (if applicable). If you do not agree to these Terms of Service or any future updates, you should not use or access the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING A REQUIREMENT TO ARBITRATE DISPUTES. UNDER THE AGREEMENT TO ARBITRATE, YOU AGREE TO RESOLVE CLAIMS AGAINST US THROUGH BINDING ARBITRATION, AND (1) YOU MAY ONLY PURSUE CLAIMS INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING, (2) YOU MAY ONLY SEEK RELIEF ON AN INDIVIDUAL BASIS, AND (3) YOUR CLAIMS WILL NOT BE RESOLVED BY A JURY OR IN COURT. BY ACCEPTING THESE TERMS AND/OR USING THE HOF SITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT WITHOUT QUALIFICATION.

Additionally, when using certain services, you may be subject to additional terms and conditions, including those outlined in the Privacy Policy available at https://hofs.app/privacy/. Sellers are also bound by the Seller Community Guidelines. All such additional terms are incorporated by reference into and subject to these Terms of Service.


Description of the Service
 

The Service is a technology platform that provides an online marketplace which enables HoF connects personal chefs, caterers, and other individuals who wish to list, offer, sell, and deliver food items and meal orders ("Meals") to customers who browse and purchase them. Users who purchase Meals through the Service are referred to as "Customers," and users who list, prepare, and sell Meals are "Sellers." A user can be both a Customer and a Seller. All transactions, including the purchase and sale of Meals, occur directly between the Customer and the Seller.

HoF operates as a marketplace platform—it does not function as a Seller and does not engage in food preparation, packaging, or sales. The Service facilitates connections between users but is not a party to any transaction. HoF may assist in resolving disputes between Customers and Sellers to encourage continued use of the Service, but it does not guarantee or control (a) the existence, quality, safety, authenticity, or legality of Meals listed or sold through the Service; (b) the truthfulness or accuracy of Seller content or listings; (c) the Seller’s ability to fulfill orders and deliver Meals within the required timeframes; (d) the Customer’s ability to pay for Meals; or (e) the completion of transactions, timely deliveries, or returns.

Sellers are independent business owners and contractors to Customers, not employees, partners, agents, representatives, joint venturers, or franchisees of HoF. HoF does not prepare, package, or deliver food and does not employ anyone for those tasks.

Sellers are responsible for complying with all relevant laws, regulations, and standards related to the preparation, sale, marketing, packaging, handling, and delivery of Meals offered on the platform. Sellers are solely responsible for the quality, safety, and freshness of the Meals, and HoF does not verify Seller credentials, claims, products, or prices, nor does it guarantee compliance with applicable laws. HoF is not liable for any injuries or issues resulting from Meals provided by Sellers or for products that do not meet expectations.

Depending on the jurisdiction, HoF may contract third-party independent contractors ("Couriers") to provide delivery services when requested by individual Sellers or Customers. However, HoF is not responsible for the delivery services, and any issues arising from Couriers’ actions or errors are not the responsibility of HoF. Couriers must comply with all applicable laws, rules, and regulations.


Access to the Service
 

You may need to register with HoF to access and use certain features of the Service. If you choose to register, you agree to provide accurate, current, and complete information about yourself as prompted by the Service's registration form. The information you provide and other personal details are governed by our Privacy Policy. The Service is available only to individuals who can form legally binding contracts under applicable law. The Service is not available to minors (those under the age of majority in their jurisdiction) or users who have been temporarily or permanently suspended (both Customers and Sellers). If you do not meet these qualifications, please refrain from using the Service. HoF also reserves the right to deny access to the Service to anyone who violates these Terms of Service or for safety reasons related to the HoF Community, including users, employees, or potential users. Unless expressly authorized by HoF, you are allowed to create and use only one account for the Service and are prohibited from using aliases or other disguised identities.

You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. You agree to (a) promptly notify HoF of any unauthorized use of your password or account, and (b) ensure that you log out of your account after each session. HoF will not be liable for any loss or damage resulting from your failure to comply with this section.

HoF reserves the right to modify, suspend, or discontinue the Service (or any part of it), temporarily or permanently, with or without notice. You agree that HoF will not be liable to you or any third party for any modifications, suspensions, or discontinuation of the Service.

You acknowledge that HoF may set general practices and limits for the use of the Service. HoF is not responsible or liable for the deletion or failure to store any data or content transmitted or maintained by the Service. HoF may also terminate accounts that remain inactive for an extended period. HoF reserves the right to change these practices and limits at any time, at its sole discretion, with or without notice.

The Service may include features available via mobile devices, such as (i) the ability to upload content (e.g., Meal options or Seller/Customer information), (ii) browsing the Service from a mobile device, and (iii) accessing certain features through a mobile app (collectively, the "Mobile Services"). If you access the Service via a mobile device, standard charges, data rates, and fees from your wireless service provider may apply. Additionally, downloading, installing, or using certain Mobile Services may be restricted or prohibited by your carrier, and not all Mobile Services may work with all carriers or devices. If you change or deactivate your mobile number, you agree to update your HoF account information promptly to prevent messages from being sent to the new owner of your old number. You agree to use the Service according to the usage rules set by your mobile platform or service provider.

By registering for and using the Service, including the Mobile Services, and providing your contact details, you consent to being contacted by HoF for marketing or transactional purposes via phone, text (which may be automated), email, fax, or other methods. If you use the Mobile Services, you also consent to receiving communications on your mobile device and acknowledge that certain information about your use of the Mobile Services may be sent to HoF. If you no longer wish to receive communications from HoF, you agree to notify us directly. You can opt out of text messages by texting STOP in response to any message from us, and for phone calls, you may inform the caller that you are opting out. You can also adjust your notification preferences in your account settings. If you unsubscribe from our marketing communications, you will no longer receive promotional messages, but we may still contact you regarding account management, administrative matters, or to address your inquiries.


Conditions of Use; Acceptable Use
 

You are solely responsible for all content, including descriptions, pictures, listings, information, data, text, music, sound, graphics, video, messages, or any other materials ("content") that you upload, post, publish, display, email, or otherwise transmit via the Service. You are also fully responsible for the way in which you access and use the Service. HoF reserves the right to investigate and take appropriate legal action against anyone who, in HoF’s sole discretion, violates this provision. This action may include, without limitation, removing the offending content, suspending or terminating the account of such violators, and reporting the incident to law enforcement authorities. Below are some examples of prohibited content and/or actions on the Service, and by using the Service, you agree not to:

a) Sell, post, or transmit any content or information that: (i) is unlawful, harmful, threatening, abusive, harassing, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another person’s privacy, hateful, or otherwise objectionable; (ii) you have no legal right to transmit or sell under law or any contractual or fiduciary relationship; (iii) creates a security or privacy risk for any individual; (iv) infringes upon the intellectual property or other proprietary rights of any person or entity; (v) constitutes unsolicited or misleading advertising, promotional materials, or sales tactics, including "junk mail," "spam," "contests," "sweepstakes," or any other form of solicitation; (vi) contains software viruses or other harmful computer code, files, or programs that are designed to interfere with, disrupt, or limit the functionality of any computer software, hardware, or telecommunications equipment; or (vii) is, in HoF’s sole judgment, objectionable or may restrict or inhibit others from using or enjoying the Service, or which may expose HoF or its users to harm or liability.

b) Impersonate any person or entity, or falsely claim or misrepresent your affiliation with any individual or organization.

c) Solicit personal information from anyone under the age of 18.

d) Harvest or collect email addresses or other contact details of users from the Service or Site by electronic or other means for the purpose of sending unsolicited emails or other unwanted communications.

e) Advertise or offer to sell or buy goods or services other than Meals intended to be sold, purchased, or prepared through the Service.

f) Use the Service to make requests for, accept, or conduct transactions involving a Meal outside the platform, bypassing the applicable fees and policies associated with such transactions.

g) Interfere with or disrupt the Service, including its servers, networks, or any systems connected to the Service, or disobey the guidelines, regulations, or protocols of networks connected to the Service.

h) Violate any local, state, national, or international law, or any regulations that have the force of law.

i) Engage in activities that violate the Telephone Consumer Protection Act (47 U.S.C. § 227 et seq.) and related regulations (47 C.F.R. § 64.1200), the Do-Not-Call Implementation Act (15 U.S.C. § 6101 et seq.), or any similar anti-spam, data protection, or privacy legislation in any jurisdiction.

j) Further or promote any criminal activities or enterprises, or provide instructional materials about illegal activities.

k) Attempt to obtain or access any materials or information through methods that are not intentionally made available or provided by the Service.

Ingredients and Allergens: Sellers must provide a full list of ingredients used in the Meals they post, including any known allergens. However, HoF does not guarantee the accuracy or completeness of this information. Meals may be prepared in kitchens that share equipment used for allergen-containing foods, and while an allergen may be listed as absent, cross-contamination can occur. If you have food allergies, you are strongly advised against using the Service. HoF is not responsible for any health issues, illnesses, or other damages resulting from the purchase or consumption of any Meals through the Service.

Seller Insurance: HoF maintains insurance for its own business operations but does not provide coverage for Sellers or Customers. Sellers are encouraged to obtain appropriate insurance to cover their food preparation and delivery activities. It is the Seller’s responsibility to thoroughly review and understand their insurance policy, including any exclusions and deductibles, as well as whether the policy covers the actions of their Customers or third-party delivery services.

Customer Review Guidelines: As a Customer, you may be able to upload content and leave reviews regarding the Meals you purchase. HoF reserves the right to accept, reject, or remove reviews and related content at its discretion. HoF has no obligation to screen or delete reviews, even if they are deemed objectionable or inaccurate by some individuals. Reviews should comply with the following guidelines: (1) Reviews must be based on firsthand experiences; (2) They should not include offensive language, hate speech, discriminatory remarks, or references to illegal activities; (3) Reviewers should not post negative reviews on behalf of competitors; (4) Reviewers should refrain from making legal judgments about any conduct; (5) Reviewers must not post false statements or engage in campaigns to influence others’ reviews. Reviews do not reflect the views of HoF, and HoF is not liable for any claims or losses resulting from reviews. Any review you post will be considered User Content, as defined below.

Marketplace Risk: HoF is not affiliated with, nor does it endorse, any Seller, restaurant, or meal preparation service available through the Service. As a platform, HoF only facilitates connections between Sellers and Customers, but it is not involved in any transactions beyond that role. Users bear the risks associated with dealing with others on the platform, including the possibility of fraud. HoF encourages the use of its platform features, such as Seller profiles and meal options, to evaluate potential transactions.

Sellers as Independent Business Owners / Independent Contractors: Sellers on the platform operate as independent business owners and not as employees of HoF. By acting as a Seller, you acknowledge that: (i) You are responsible for running your own business and not an employee of HoF; (ii) You control the methods used to create the goods you sell through the Service; (iii) These Terms of Service do not establish an employer/employee relationship, partnership, joint venture, or franchise between you and HoF; (iv) You are not entitled to employee benefits such as vacation pay, sick leave, or health insurance; and (v) You are not covered by workers' compensation for any injuries.

HoF does not control user behavior, the content users provide, or the safety or legality of transactions. HoF does not guarantee the completion of transactions or the accuracy of any listings, and we cannot ensure that users will fulfill their obligations. In the event of suspected fraud, HoF reserves the right to delay or block transactions as part of fraud prevention. Users should exercise caution when interacting with others to protect their safety, data, and property.

Special Notice for International Use; Export Controls: The software associated with the Service is subject to U.S. export controls, and you are prohibited from downloading or exporting it in violation of U.S. law. You agree to comply with all local laws and regulations when using the Service, including those related to online conduct and acceptable content.

Commercial Use: Unless otherwise authorized, you agree not to use any part of the Service for commercial purposes, such as copying, distributing, performing, reproducing, or creating derivative works from the Service.

ID Verification; Alcohol Sales: In certain locations, the sale and delivery of alcohol may be allowed through the Marketplace. Sellers must ensure that they have the appropriate liquor licenses, and it is their responsibility, along with their delivery providers, to verify the age and identity of the customer before delivering alcohol. If the Seller cannot confirm a Customer’s age or identity, or if the situation is unsafe, alcohol may not be delivered. A valid photo ID with a birthdate must be provided, and alcohol cannot be left unattended. If an order is canceled due to such issues, the Seller may still charge for the order. HoF reserves the right to suspend your access to the platform if fraudulent activity is suspected.



User Representations & Warranties

All Users affirm and guarantee that:

  • You are of legal age in the jurisdiction in which you reside and are capable of entering into binding contracts;

  • You have the authority, capability, and right to enter into this Agreement and comply with its terms and conditions, and you agree to do so;

  • You have read, understood, and agreed to abide by the Terms of Service and Privacy Policy;

  • You will respect the privacy (including but not limited to private, family, and home life) and data protection rights of Users with whom you interact through the HoF Marketplace;

  • You will meet the commitments you make to other Users, communicate respectfully and clearly, provide or accept Meals at the agreed time, and use only the third-party payment provider specified or approved by the Company to process payments via the HoF Marketplace;

  • You will conduct yourself professionally and responsibly when interacting with other Users;

  • You will use your real name or business name in your profile;

  • While using the HoF Marketplace, including when preparing, packaging, delivering, or receiving meals, you will comply with all applicable local, state, and federal laws and regulations and act in good faith;

  • You do not have any interest, motivation, or status that the Company would reasonably want to know about regarding the HoF Marketplace, including but not limited to using or intending to use the HoF Marketplace for journalistic, academic, investigative, or illegal purposes.

Sellers additionally affirm and guarantee that:

  • When selling on the HoF Marketplace, you are operating as a sole proprietor, partnership, limited liability company, limited partnership, corporation, or other business entity;

  • You are engaged in an independent business selling goods similar to the products you sell to Customers through the HoF Marketplace and maintain independent customers;

  • You have the unrestricted right to earn income in the jurisdiction where you sell food;

  • You hold and will maintain all necessary licenses and authorizations to prepare, package, handle, and sell all food items you offer through the HoF Marketplace;

  • Your operations, facilities, and equipment used for food preparation, packaging, handling, and sale through HoF will comply with all relevant laws and regulations in the location where the food is prepared and sold;

  • You, and your employees, will follow safe practices when handling, preparing, and packaging food sold through HoF, including but not limited to wearing masks, hairnets, and gloves during food preparation and packaging;

  • You hold all necessary insurance to operate your business and connect with Customers to sell food via the Marketplace;

  • All food sold via HoF is guaranteed, at the time of delivery, to be unadulterated and properly labeled according to the Federal Food, Drug, and Cosmetic Act, the Federal Meat Inspection Act, the Poultry Products Inspection Act, and relevant state or local food laws;

  • You will maintain food protection manager or food handler certification from an accredited certifier, or an equivalent certificate from your local regulatory authority;

  • You will use your real name or business name and an up-to-date photo on your profile;

  • You will honor your commitments to other Marketplace Users by fulfilling orders on time and providing high-quality food to Customers;

  • You will only prepare, package, and sell food in accordance with all applicable laws;

  • For each item you sell, you will disclose all ingredients to Customers, including major allergens as defined by local, state, or federal law;

  • Your operations, facilities, and equipment will consistently comply with all applicable laws and regulations relevant to food preparation and sale;

  • You consent to HoF obtaining information about you, including criminal records, and will provide necessary authorization to access such records during the term of the Agreement;

  • You will pay all applicable federal, state, and local taxes on income earned from food sales (note: the platform will collect and remit sales taxes where applicable);

  • You agree not to market meals misleadingly, including false claims about nutritional value;

  • You have reviewed and agree to adhere to HoF community guidelines to maintain the health and safety of the Marketplace;

  • You agree not to cook while ill and will comply with local, state, and federal COVID guidelines or requirements.

For Sellers in California, you represent and warrant that you prepare and provide all Meals to Customers using a qualified (i) "Food Facility" (as defined in Section 113789 of the California Retail Food Code, as amended); (ii) "Food Processing Establishment" (as defined in Section 111955 of the California Retail Food Code, as amended); or (iii) "Cottage Food Operation" (as defined in Section 113758 of the California Retail Food Code, as amended). If you operate a "Microenterprise Home Kitchen" (as defined in Section 113825 of the California Retail Food Code, as amended), you further represent and warrant compliance with Chapter 11.6 of the California Retail Food Code, including but not limited to:

  • Your microenterprise operates in a city or county where microenterprise kitchen operations are permitted;

  • You have submitted standard operating procedures to the local enforcement agency, including food types, preparation methods, cleaning schedules, temperature maintenance, and hours of operation;

  • You have successfully passed a food safety certification exam, inspection, and received a permit from the local enforcement agency;

  • Your microenterprise permit is valid and in effect;

  • Deliveries are made by an employee or household member with a valid driver's license;

  • You have entered your permit number in the required field on the HoF platform during sign-up;

  • Your operation does not exceed one full-time equivalent employee, not including family members or household members;

  • Meals are prepared, cooked, and served on the same day;

  • Meals are consumed onsite or delivered within a safe time frame;

  • Your operation does not handle raw milk or require a HACCP plan;

  • You do not prepare raw oysters;

  • You do not exceed 30 meals per day or 60 meals per week, or their equivalents if sold separately;

  • Your annual gross sales do not exceed $50,000, adjusted annually for inflation;

  • You sell exclusively to consumers, not wholesalers or retailers.

For more information on California regulations regarding microenterprise home kitchens, please review the Cook Alliance resources at www.cookalliance.org. HoF does not guarantee the accuracy of information or endorse any opinions found on the Cook Alliance website.


Purchase and Sale Transactions

Fees: Registration for the Service is free; however, HoF charges specific fees for transactions carried out through the Service, as detailed in the Fee Policy available at https://hofs.app/fee-policy (the "Fee Policy"). Unless indicated otherwise, all fees are listed in U.S. dollars.

Taxes; Shipping Costs; Customer Responsibility: Meals purchased and delivered to Customers within the U.S. may be subject to applicable local or state sales taxes, use taxes, privilege taxes, or similar transaction-based taxes required by the food services industry in that jurisdiction ("Taxes"). The amount of Taxes is influenced by various factors, including but not limited to the Customer's delivery address and the location of the Seller.

Customers are responsible for paying the applicable price for any purchased Meal, as well as any associated delivery charges and Taxes related to the purchase and sale of Meals through the Service. These delivery charges and Taxes are not included in the listed price of the Meals but will be shown to Customers before the final confirmation of the purchase. Additionally, Customers are required to pay a service fee to HoF, as detailed in the Fee Policy.

Sellers are responsible for paying the commission to HoF as specified in the Fee Policy, as well as any taxes levied on the Seller's net income, profits, or revenues related to the sale of Meals through the Service.

Packaging: Sellers have the option to purchase packaging materials and/or labels from us for packaging Meals delivered to Customers. If purchased, charges will be made to your provided credit card or other acceptable payment methods.

Payments; Subscriptions: Customers can pay for Meals using credit cards or other payment methods designated by HoF. Sellers are required to provide their bank account details so HoF can transfer payments for Meals purchased by Customers. When you submit your payment details, you authorize HoF to store and charge your payment method for any Items you purchase. It is your responsibility to update your account information if any changes occur (such as changes to billing address or card expiration dates).

If you subscribe to a recurring Meal service, you authorize HoF to charge your payment method in advance on a periodic basis according to the subscription terms until you cancel or pause the order or close your account. You agree to pay all charges incurred in this manner. Any disputes regarding charges must be raised with HoF within fourteen (14) days of the charge date.

Fee Modifications: HoF reserves the right to modify or discontinue some or all fees for the Service, either temporarily or permanently. Any fee changes will take effect once the updated Fee Policy is posted unless a different notice period is legally required. By continuing to use the Service after the fee changes are posted, you agree to the new fee structure.

Promotions; Credits: From time to time, HoF may offer Users promotions, incentives, or credits ("Promotions") that can be applied towards Meal purchases and/or fees associated with using the platform. These Promotions can reduce the tax amount on a Customer's order depending on the specific terms. The application of such Promotions will be visible during checkout and on the purchase receipt. Promotions are assigned to the individual User and cannot be shared or redeemed by others unless explicitly stated in the terms of the Promotion. Sellers may also offer Promotions to their Customers through the platform and are responsible for any costs related to the redemption of those Promotions.


Third-Party Distribution Channels

HoF provides software applications that may be available through platforms like the Apple App Store, Android Marketplace, or other distribution channels ("Distribution Channels"). If you obtain such software through a Distribution Channel, you may be subject to additional terms and conditions imposed by that channel. These Terms of Service apply solely between you and HoF, not with the Distribution Channel. If you use any third-party products or services in connection with HoF’s services, you agree to comply with all relevant agreements or terms for those third-party products and services.

For Software that is available for use with Apple-branded products ("Apple-Enabled Software"), the following terms and conditions apply in addition to the terms in these Terms of Service:

• HoF and you agree that these Terms of Service are between HoF and you alone, not Apple Inc. ("Apple"), and that HoF, not Apple, is solely responsible for the Apple-Enabled Software and its content.
• You are prohibited from using the Apple-Enabled Software in any way that violates or is inconsistent with the Usage Rules set forth for Apple-Enabled Software in the App Store Terms of Service.
• Your license to use the Apple-Enabled Software is a non-transferable right to use the software on an iOS device that you own or control, in accordance with the Usage Rules in the App Store Terms of Service.
• Apple has no obligation to provide maintenance or support for the Apple-Enabled Software.
• Apple is not liable for any product warranties, whether express or implied by law. In case the Apple-Enabled Software fails to meet applicable warranty standards, you may notify Apple, which will refund the purchase price, if applicable. To the maximum extent permitted by law, Apple is not responsible for any other warranties or claims related to the Apple-Enabled Software, which will be the responsibility of HoF, unless disclaimed by law.
• HoF acknowledges that it, not Apple, is responsible for addressing any claims related to the Apple-Enabled Software, including product liability claims, claims of non-compliance with legal or regulatory standards, or claims under consumer protection laws.
• If a third-party claims that the Apple-Enabled Software or your use of it infringes on their intellectual property, HoF, not Apple, will be responsible for investigating, defending, settling, and resolving such claims.
• You represent and warrant that: (i) you are not located in a country subject to U.S. Government embargoes or classified as a “terrorist-supporting” nation; and (ii) you are not listed on any U.S. Government list of restricted or prohibited parties.
• If you have any inquiries or claims related to the Apple-Enabled Software, please direct them to legal@hofs.app.

HoF and you agree that Apple and its subsidiaries are third-party beneficiaries of these Terms of Service concerning the Apple-Enabled Software, and by accepting these terms, Apple will have the right to enforce them against you as a third-party beneficiary.


Media Release, Licensing, and Intellectual Property Rights

Media Release

You understand and acknowledge that HoF has the right to use photographs, videos, audio recordings, and biographical information about you, your food, and/or your cooking techniques in a variety of formats and platforms, including, but not limited to, HoF's official website, promotional materials, advertising campaigns, and any other marketing content. These photographs, videos, and recordings may be either provided by you to HoF or created by HoF or its associates. By agreeing to these Terms of Service, you irrevocably authorize and grant permission to HoF and its affiliates, successors, assigns, partners, agents, advertising firms, and other promotional agencies, along with their respective employees, officers, directors, and agents (hereinafter referred to as "Authorized Persons"), to utilize your name, image, likeness, voice, professional and personal biographical information, and any other personal characteristics, as well as any and all materials created by or for HoF incorporating any of the aforementioned (collectively referred to as "Materials"). These Materials may be used by HoF for the purposes of public relations, advertising, marketing, publicity, or any other promotional activities associated with HoF and its affiliates, businesses, products, and services, without requiring further consent or providing additional compensation to you.

You acknowledge that HoF shall be the exclusive owner of all intellectual property rights, including copyrights, trademarks, and any other proprietary rights in the Materials. By entering into these Terms of Service, you irrevocably transfer, assign, and convey to HoF all rights, titles, and interests, including but not limited to all copyrights and other intellectual property rights in the Materials. This means that, once the Materials are created, HoF will have sole ownership of these materials, and you will not retain any rights to review or approve them before they are used by HoF for promotional or advertising purposes. Furthermore, you acknowledge that HoF will not be liable to you for any editing, alterations, or changes made to the Materials.

To the fullest extent permitted by applicable law, you also waive any legal or equitable rights you may have concerning the materials produced, as well as any liability, claims, or demands that might arise directly or indirectly from the Authorized Persons’ use of their Publicity Rights under this agreement. This includes, without limitation, any claims for damages, loss, or injury, whether resulting from HoF’s negligence or any other cause, relating to the production, use, or distribution of the Materials. You agree that you will not bring any such claims against HoF, its affiliates, employees, agents, or any other Authorized Persons, and you release these parties from any liability or responsibility concerning these Claims.

Licensing and Intellectual Property Rights

Service Content, Software, and Trademarks: You acknowledge and agree that the HoF Service may contain content or features (referred to as "Service Content") that is protected by copyright, trademark, patent, trade secrets, or other proprietary rights and laws. The Service Content includes but is not limited to text, graphics, images, videos, logos, trademarks, software, and other materials made available through the Service. Unless explicitly authorized by HoF, you agree that you will not modify, copy, rent, lease, loan, sell, distribute, or create derivative works based on the Service or any part of the Service Content. The terms "modify," "distribute," "frame," and similar actions refer to altering, reproducing, or otherwise using the Service Content in any form or manner that is not specifically authorized by HoF. The only exception to this prohibition is with regard to your own content, specifically User Content (as defined below), which you have the legal right to upload, share, or otherwise contribute to the Service.

Furthermore, you agree not to engage in any activities that involve data mining, the use of web scraping tools, robots, or any other similar data gathering methods in connection with the Service. These methods are specifically prohibited, as they can affect the integrity of the Service and its content. In the event that HoF blocks your access to the Service, such as by blocking your IP address, you agree not to attempt to circumvent such blocking measures by using any technical means such as masking your IP address or utilizing proxy servers.

The technology and software that underpins the Service are proprietary to HoF, its affiliates, or its partners, and these are collectively referred to as "Software." As part of your use of the Service, you agree not to copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover the source code, algorithms, or underlying structure of the Software. In addition, you are not allowed to sell, assign, sublicense, or transfer any rights to the Software. Any rights not explicitly granted to you under this agreement are reserved by HoF, its affiliates, or its partners.

HoF’s name and logos, along with any associated marks, are trademarks of HoF, and these are collectively referred to as the "HoF Trademarks." You acknowledge that these trademarks are the sole property of HoF and agree not to use them without prior written permission. The same applies to other product or service names and logos used by HoF or displayed within the Service, which may be trademarks or service marks of their respective owners. HoF cannot and does not guarantee that such third-party marks are endorsed by or affiliated with HoF. Any use of HoF Trademarks, or the trademarks of other parties, is subject to strict approval and should not be undertaken without express written consent from HoF or the relevant trademark owner.

Third-Party Material: HoF makes no representations and accepts no liability concerning any third-party content that may appear within the Service, including any content uploaded by other users. This third-party material may include text, images, videos, or any other type of content posted by other users or third parties. HoF does not pre-screen such content but reserves the right to remove any content at its sole discretion if it violates these Terms of Service or is deemed by HoF to be objectionable. HoF’s role in this process is purely reactive—meaning HoF can remove content, but is under no obligation to monitor or assess every piece of content submitted or uploaded by users.

You acknowledge and agree that you are fully responsible for evaluating any content you encounter within the Service, including its accuracy, completeness, and utility. By using the Service, you accept the risk of reliance on any such content and agree to bear all risks associated with using third-party content.

User Content Transmitted Through the Service: As part of the Service, you may upload, share, or otherwise transmit content ("User Content") to other users or recipients. By doing so, you represent and warrant that you own all rights, title, and interest in such User Content, including, without limitation, all copyrights and publicity rights contained within it. You further grant HoF and its affiliates a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service, as well as for promotional, advertising, or marketing purposes. This license is granted in any form, medium, or technology, whether currently known or developed in the future.

By uploading User Content, you acknowledge and agree that any feedback, comments, suggestions, ideas, or other information you provide to HoF about the Service ("Submissions") will be non-confidential and non-proprietary. HoF will be entitled to use, modify, reproduce, distribute, and otherwise exploit these Submissions for any purpose, without any obligation to you and without providing compensation or acknowledgment.

Additionally, you understand that HoF may preserve User Content or disclose it if required to do so by law or if HoF believes, in good faith, that such preservation or disclosure is necessary for the following reasons: (a) to comply with legal obligations, applicable laws, or government requests; (b) to enforce the Terms of Service; (c) to respond to claims that any content violates the rights of third parties; or (d) to protect the rights, property, or personal safety of HoF, its users, or the general public. Moreover, the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform with the technical requirements of connecting networks or devices.

Copyright Complaints: HoF is committed to respecting the intellectual property rights of others and expects users to do the same. If you believe that your copyrighted work has been infringed upon, or that your intellectual property rights have been violated, you should notify HoF through the following procedure. HoF will investigate the infringement and take appropriate action under the Digital Millennium Copyright Act ("DMCA") or other applicable laws.

To initiate a copyright claim, please send a notification of claimed infringement to HoF’s Copyright Agent at support@hofs.app with the subject line "DMCA Takedown Request." Alternatively, you may contact HoF by mail at:

13743 Leland Dr, Frisco TX 75035
United States

To be effective, your notice must include specific details, such as an electronic or physical signature, a description of the copyrighted work, the location of the alleged infringement, your contact information, and a statement of good faith belief.

Counter-Notice: If you believe that your content was removed by mistake, or if you have the right to use the content under the law, you may send a written counter-notice to HoF’s Copyright Agent. This counter-notice must include specific details, such as identification of the removed content, the location of the content, and a statement that you have a good faith belief that the content was removed due to an error or misidentification. HoF will then review the counter-notice, and if deemed appropriate, may restore the content in question within 10-14 business days.

Repeat Infringer Policy: HoF has adopted a policy of terminating the accounts of users who are deemed to be repeat infringers under the DMCA. If HoF determines, in its sole discretion, that a user has repeatedly infringed upon the intellectual property rights of others, it may take appropriate action, which may include terminating the user’s account or limiting the user’s access to the Service.


Third Party Websites

he Service may, at times, provide links to external websites or resources, or third parties may offer such access via links or other methods. These third-party websites and resources are beyond the control of HoF, and as such, HoF cannot be held responsible for their content. Furthermore, HoF does not endorse these external sites, nor does it take responsibility for their availability, accuracy, or reliability. By using the Service, you acknowledge and agree that HoF will not be held liable for any direct or indirect damage or loss that may result from your use of or reliance on the content, services, goods, or events available on or through these external sites or resources. Any interaction or dealings you have with third parties while using the Service are strictly between you and the third party. HoF will not be held accountable for any claims or losses resulting from these interactions.

Social Networking and Integration with Third Parties

At certain times, HoF may allow users to register for the Service using third-party services. It may also integrate third-party services directly into the HoF experience (such as allowing for delivery services where permitted). The inclusion of these services aims to enhance the user experience, making it richer, easier, and more personalized. To enable such services, users may need to register with or log into third-party websites. By activating these services, you authorize HoF to pass your login information to the relevant service providers for these purposes. For more information on how HoF uses, stores, and discloses information related to your use of third-party services, please refer to the HoF Privacy Policy available at https://hofs.app/privacy.

However, it's important to remember that third-party services are governed by the policies of the respective service providers. HoF cannot be held liable for the privacy practices, data handling, or other actions of any third-party website or service integrated into the Service. Additionally, HoF does not guarantee the accuracy, availability, or reliability of any content, data, goods, advice, or statements made available through third-party services. HoF offers these integrations purely for convenience, and their inclusion should not be seen as an endorsement of any third-party service.

Indemnification and Release

By using the Service, you agree to indemnify, defend, and hold harmless HoF, along with its affiliates, officers, employees, directors, and agents (collectively referred to as "Indemnitees"), from and against any and all losses, damages, legal expenses (including reasonable attorneys' fees), rights, claims, actions of any nature, or injuries (including death) that arise from your use of the Service, any User Content you submit, your connection to the Service, or your violation of these Terms of Service, including breaches of representations and warranties or violations of third-party rights.

However, this indemnification does not apply in the event that an Indemnitee is directly responsible for causing damages through their own actions. If you are a resident of California, you are also waiving the provisions 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 favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you reside in a jurisdiction with a similar law or doctrine, you waive its application in this context.

Disclaimer of Warranties

Your use of the Service is at your own risk. The Service is offered on an "as is" and "as available" basis. HoF expressly disclaims all warranties, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

HoF does not make any guarantees that:

  1. The Service will meet your specific needs.

  2. The Service will be uninterrupted, timely, secure, or error-free.

  3. The results from using the Service will be accurate or reliable.

  4. The quality of any products, services, information, or other materials obtained through the Service will meet your expectations.

Limitation of Liability

You expressly acknowledge and agree that HoF will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for lost profits, including but not limited to damages for loss of goodwill, use, data, or other intangible losses, even if HoF was advised of the possibility of such damages. This applies regardless of whether the damages arise from contract, tort, negligence, strict liability, or otherwise.

HoF’s total liability to you, for any and all damages, losses, or causes of action, will not exceed the amount you have paid HoF in the past six (6) months or, if greater, the sum of one hundred dollars ($100).

Certain jurisdictions may not allow the exclusion or limitation of warranties or liability for incidental or consequential damages. Therefore, some of the limitations described above may not apply to you, or they may not be enforceable. If you are dissatisfied with any part of the Service or with these Terms of Service, your sole remedy is to discontinue using the Service.

For users residing in New Jersey, the sections titled "Disclaimer of Warranties" and "Limitation of Liability" are intended to be as broad as permitted by the laws of the state of New Jersey. If any part of these sections is deemed invalid under New Jersey law, the remainder of the sections will still remain in effect.

Dispute Resolution Through Binding Arbitration: Please read this section carefully, as it may impact your legal rights.

a. Agreement to Arbitrate

The "Dispute Resolution by Binding Arbitration" section is referred to as the "Arbitration Agreement" in these Terms of Service. By agreeing to these Terms, you acknowledge and agree that any disputes or claims arising between you and HoF, whether related to the Terms of Service, the Services, advertising, or any aspect of your relationship with HoF, will be resolved exclusively through final and binding arbitration, rather than in a court. However, you may be able to take certain claims to small claims court if applicable. This Arbitration Agreement does not prevent you from bringing issues to the attention of federal, state, or local agencies, where applicable law allows them to seek relief on your behalf.

By entering into these Terms of Service, you and HoF are each waiving your right to a trial by jury and your ability to participate in a class action. Arbitration will be conducted by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs this Arbitration Agreement.

You may opt out of arbitration if you have not previously agreed to an arbitration provision in a previous version of HoF’s Terms of Service where you had the opportunity to opt out. If you have agreed to such a provision in the past, you can opt out of this new version by notifying HoF in writing within 30 days of accepting these Terms. To opt out, send a signed written notification to HoF at 13743 Leland Dr Frisco TX 75035, Attention: Legal. Your opt-out notification must include your account username, name, address, phone number, email address associated with your account, and a clear statement that you wish to opt out of the Arbitration Agreement.

b. Prohibition of Class and Representative Actions

You and HoF both agree that claims may only be brought individually, and not as part of a class action or representative action. The arbitrator will not consolidate claims from multiple parties or preside over a class or representative action unless both you and HoF agree otherwise. The arbitrator’s authority is limited to resolving individual claims and providing relief only to the extent necessary for the individual claimant. However, public injunctive relief may be sought under applicable law if necessary to enforce this provision.

c. Representative PAGA Waiver

Under the California Private Attorneys General Act of 2004 ("PAGA"), both you and HoF agree not to bring any representative claims on behalf of others in court or in arbitration. Any claims brought under PAGA must be resolved on an individual basis, without addressing the claims or rights of other individuals in a collective or representative manner. If the representative PAGA Waiver is found unenforceable for any reason, it will be severed from this agreement, and the remainder of the Arbitration Agreement will still be valid.

In summary, the Service may link to third-party websites, and HoF is not liable for any damages or losses arising from those websites. HoF may also integrate third-party services, and by doing so, it collects and discloses user data in line with its Privacy Policy. Furthermore, you agree to indemnify HoF against any claims or damages arising from your use of the Service. HoF offers the Service on an "as is" basis and disclaims all warranties. Liability is limited, and arbitration is required for resolving disputes.



Pre-Arbitration Dispute Resolution

At HoF, we place great value on resolving conflicts quickly and effectively, aiming for amicable solutions that leave customers satisfied. In most cases, any concerns customers may have can be addressed rapidly through our customer support team at support@hofs.app. However, should an issue persist and further action be required, the party intending to seek arbitration must first send a written "Notice of Dispute" ("Notice") to the opposing party via certified mail. This Notice must be sent to HoF’s designated address at 13743 Leland Dr Frisco TX 75035

This written notice should include two key elements: (i) a clear description of the nature and basis of the dispute, and (ii) a detailed outline of the relief being sought. After the Notice has been received by the other party, a period of sixty (60) calendar days will be allowed for an attempt to resolve the dispute. If no resolution is reached within this time frame, either party may initiate arbitration. During the arbitration process, neither party’s settlement offer will be shared with the arbitrator until the arbitrator has determined the final award, if any.

Arbitration Procedures

Arbitration will take place under the oversight of a neutral arbitrator, adhering to the American Arbitration Association’s ("AAA") rules and procedures. These include the AAA’s Consumer Arbitration Rules, collectively referred to as the "AAA Rules," though certain adjustments may be made through this Arbitration Agreement. For more information on the AAA, including their rules and fees for consumer disputes, you may visit their website at http://www.adr.org or check out the specific consumer arbitration page at http://www.adr.org/consumer_arbitration.

In cases where there is any discrepancy between the terms of the AAA Rules and those of this Arbitration Agreement, the provisions of this Agreement will take precedence unless the arbitrator determines that applying such provisions would compromise fairness in the arbitration process. The arbitrator will be responsible for resolving all issues, including those relating to the applicability and enforceability of this Arbitration Agreement.

The arbitration process is typically more efficient than traditional trials, although the arbitrator will provide the same level of relief and compensation an individual would be entitled to receive in a court of law. These decisions are legally binding and can only be overturned by a court in rare instances.

Unless HoF and the disputing party agree otherwise, arbitration hearings will occur in a location that is convenient for both parties, with attention given to travel capabilities and other relevant factors. In cases where the two parties cannot agree on a location, the AAA will designate the location. For claims valued at $10,000 or less, the disputing party may opt for the arbitration to take place solely based on documents submitted, over the phone, or in person, as dictated by the AAA Rules. In instances where the claim exceeds $10,000, the decision will be made based on the AAA Rules regarding hearings.

Regardless of how the arbitration is conducted, the arbitrator will be required to provide a written decision outlining the reasoning behind the findings and conclusions leading to the final award.

Costs of Arbitration

The costs associated with arbitration, such as filing, administrative, and arbitrator fees, will generally be determined by the AAA Rules unless specified differently within this Arbitration Agreement. 

Attorneys' fees will be determined according to the applicable rules outlined by the AAA.

Confidentiality

All details surrounding the arbitration process, including any rulings or awards made by the arbitrator, will be confidential in order to protect all involved parties.

Severability

Should any provision within this Arbitration Agreement be found invalid or unenforceable by either a court or arbitrator, the parties agree to replace that provision with one that is enforceable and as close as possible to the original intent. The rest of the Arbitration Agreement will remain effective. However, should a court or arbitrator invalidate any portion of the "Prohibition of Class and Representative Actions and Non-Individualized Relief" section, the entire Arbitration Agreement will be void unless the provisions are specifically deemed unenforceable only concerning public injunctive relief claims. In that case, the remaining Terms of Service will still apply.

Future Changes to Arbitration Agreement

HoF reserves the right to modify this Arbitration Agreement in the future, but should such a change occur while you are still an active user, you may choose to reject it. To do so, you must send HoF written notice within thirty (30) calendar days of the amendment. If you reject a change, you will agree to resolve any disputes according to the Arbitration Agreement as it stood when you first accepted the Terms of Service (or as they were when you accepted subsequent amendments).

Termination

You acknowledge and agree that HoF may suspend or terminate your account, or access to the Service, if you breach the Terms of Service, fail to use the Service, or act in a manner that is inconsistent with the Terms. In cases of suspected fraudulent, abusive, or illegal activities, HoF may refer the matter to the relevant law enforcement authorities. Additionally, HoF reserves the right, at its sole discretion, to discontinue offering the Service or any portion of it at any time without notice. If this occurs, you acknowledge that HoF may deactivate or delete your account and associated data without prior notice and without liability.

You may deactivate your account anytime by visiting your profile on the HoF platform and following the instructions to delete your account, or by contacting support@hofs.app.

User Disputes

You understand and agree that you are fully responsible for any interactions you have with other users while using the Service. HoF will not be held liable for any disputes or issues arising from these interactions. However, HoF reserves the right to intervene in user disputes, though it is not obligated to do so.

Confidential Information

Confidential Information held by HoF is a unique and valuable asset. As such, you agree that you will not, during or after the term of your account, disclose or use any Confidential Information for any purpose other than for using the HoF Marketplace in line with these Terms of Service. You must take reasonable steps to protect this information from unauthorized access and usage, and promptly notify HoF of any potential breaches. Upon deactivation of your account or termination of the Agreement for any reason, you must return all materials containing Confidential Information to HoF.

"Confidential Information" includes HoF's proprietary data such as trade secrets, customer information, photographs, technical specifications, product plans, services, software, inventions, business strategies, and any other data related to the company’s operations that is not publicly available or disclosed.

General Terms

These Terms of Service represent the full and complete agreement between you and HoF regarding your use of the Service. They supersede any prior agreements that may have existed between you and HoF related to the Service. You may be subject to additional terms when using third-party services or content associated with the Service.

These Terms will be governed by the laws of the State of California, without regard to its conflict of law principles. For any disputes not resolved through arbitration, the parties consent to exclusive jurisdiction in the state and federal courts located in San Francisco County, California.

If any part of this Agreement is found invalid or unenforceable, the remainder of the Agreement will remain in effect. Claims must be filed within one (1) year of the cause of action arising or they will be forever barred.

HoF may transfer or assign these Terms without restriction, but you may not assign them without prior written consent. The section headings are for convenience only and do not have any legal impact.

Your Privacy

HoF values your privacy. By using the Service, you consent to the collection and use of personal data in accordance with our Privacy Policy, which can be found at https://hofs.app/privacy.

Notice for California Users

Under California Civil Code Section 1789.3, California users of the Service are entitled to certain consumer rights. For more information, users can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. The contact information can be found on the California Department of Consumer Affairs’ website or by phone.

Questions or Concerns

If you have any questions, concerns, or need to report violations of these Terms of Service, please contact us at support@hofs.app.

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