Terms and Conditions of Service

Last updated: April 13, 2026

Thank you for visiting Home Chef's Terms and Conditions of Service (the “Terms and Conditions”), a subsidiary of The Kroger Co. These Terms and Conditions affect your legal rights; please read them carefully. THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING REQUIRING INDIVIDUAL ARBITRATION OF ANY POTENTIAL LEGAL DISPUTES BETWEEN YOU AND HOME CHEF AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE CAREFULLY REVIEW THE ARBITRATION PROCEDURES SECTION FOR COMPLETE DETAILS. ARBITRATION MEANS THAT YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. In addition, the Limitation of Liability section below limits our liability to you and the remedies available to you in the event of a dispute.

These Terms and Conditions, together with our privacy policy, which is available at www.homechef.com/privacy-policy/, are an agreement between you and Relish Labs LLC d/b/a Home Chef. Along with our representatives, officers, managers, members, subsidiaries, affiliates, parent companies, employees, and agents (collectively “Home Chef” or “we” or “us” or “our”), we maintain the websites at www.homechef.com and www.tempomeals.com. These Terms and Conditions govern your use of www.homechef.com and www.tempomeals.com and the mobile applications or other online services where these Terms and Conditions are posted (collectively, the “Websites”), including the purchase of any Products (as defined below) therefrom. Unless explicitly stated otherwise, any new tools, applications, or changes that alter or improve the current Websites will be included in the definition of "Websites." By accessing the Websites, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree to these Terms and Conditions, do not use the Websites.

These Terms and Conditions include our Privacy Policy, which is available at www.homechef.com/privacy-policy/ and is hereby incorporated herein by reference, as well as the Additional Terms and Conditions for Purchases/Subscriptions and the Food Safety Considerations below. These Terms and Conditions do not apply to any food, meal kits, or other Home Chef-branded items available for purchase in retail stores. These Terms and Conditions do not apply to your use of any other website other than www.homechef.com and www.tempomeals.com, unless explicitly stated.

All meal ingredients, meal kits, meal kit subscriptions, food, and other products made available through the Websites are referred to herein collectively as “Products.” Please read these Terms and Conditions carefully before ordering any Products. When using the Websites, you will be subject to all displayed rules and policies. Such rules and policies are hereby incorporated by reference into these Terms and Conditions. We may also maintain other websites that are governed by different terms and conditions.

These Terms and Conditions may be amended by us from time to time at our sole discretion. Please periodically review the controlling version of these Terms and Conditions. By continuing to use the Websites after we make available an amended version of these Terms and Conditions, you thereby acknowledge, agree to, and consent to such amendment. You cannot create an account with us (an “Account”) or buy our Products without agreeing to these Terms and Conditions.

1. Eligibility

The Websites are intended for use only by people residing in the United States of America (the “USA”). We do not accept orders from individuals outside the USA.

By using and purchasing Product(s) through the Websites, you represent and warrant that:

Without in any way limiting the foregoing, you may not download or export any software or technical data from the Websites, or purchase any Products from the Websites, if you are in, or a national or resident of, Cuba, Iran, North Korea, Syria, Venezuela, or any other country upon which the USA has imposed an embargo, or if you are on the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons List or the U.S. Commerce Department's Denied Persons List.

YOU CONSENT TO ENTERING INTO THESE TERMS AND CONDITIONS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS AND CONDITIONS IN ELECTRONIC FORM.

3. Accessing the Websites; Maintaining your Account; Communications with Us

To access some portions and features of the Websites, and to make purchases, you must create an Account with us. When registering for an Account, you cannot create a screen name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.

You are responsible for maintaining the confidentiality of your username, password, and other information used to register and sign in to the Websites, and you are fully responsible for all activities that occur under your Account, even when undertaken by third parties. Please immediately notify us of any unauthorized use of your Account or any other breach of security by contacting us at security@homechef.com.

By creating an Account, you agree to promptly notify us of any changes to your Account information, including contact and payment information. You also agree to receive communications from us electronically by email, text, and/or app notification regarding your Account and Products you purchase and that such communications will satisfy applicable notice requirements. Your mobile carrier's standard message and data rates may apply.

4. Alerts Text Message Program

Your agreement to participate in our Alerts Text Message Program or any other Short Message Service (SMS) text message program (“SMS Program”) constitutes your agreement to these Terms and Conditions and our Privacy Policy, which apply to your use of the SMS Program. We may amend these Terms and Conditions and modify or cancel the SMS Program or any of its features without notice. We do not charge for the SMS Program, but you are responsible for all charges and fees associated with text messaging imposed by your mobile operator. Message and Data Rates May Apply.

When you sign-up for the SMS Program to receive text alerts related to your orders with us (“Order Alert Service”), you agree to receive informational text messages through your wireless provider to the mobile phone number you provided. You may need to confirm your consent by replying to an initial text message we send. When you sign up for the SMS Program to receive promotional text alerts (“Promotional Alert Service”), you authorize us to deliver advertisements, telemarketing messages, and/or telephonic sales calls to any mobile telephone number you have provided to us, using an automatic telephone dialing system or an automated system for the selection or dialing of telephone numbers. Consent to participate in the SMS Program is not required as a condition of purchasing any Product. By agreeing to participate in the SMS Program, you may receive recurring text messages. You agree to provide us with a valid mobile phone number. If you change your mobile phone number, you agree to opt out of the SMS Program prior to changing your mobile phone number.

To stop the Order Alert Service and cease receiving Order Alert Service text messages at any time, please text STOP to 97518 to cancel. You will receive a one-time opt-out confirmation text message. After that you will not receive any future Order Alert Service messages. To stop the Promotional Alert Service and cease receiving Promotional Alert Service text messages at any time, please text STOP to 84161 to cancel. You will then receive a one-time opt-out confirmation text message. You can also contact us about the SMS Program at any time from your mobile phone by texting HELP to 84161.

The mobile operators participating in the SMS Program include, but are not limited to, AT&T, Sprint, Virgin Mobile, T-Mobile (T-Mobile is not liable for delayed or undelivered messages), MetroPCS (GSM), U.S. Cellular, and Verizon Wireless. If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services via the process offered through the SMS Program. Pre-paid users may not be able to participate. Please check with your mobile operator.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the SMS Program or from you providing us with a phone number that is not your own. You agree that we will not be liable for failed, delayed, or misdirected delivery of, any information sent through the SMS Program, for any errors in such information, or for any action you may or may not take in reliance on the information or service.

For additional support contact Customer Service: (872) 225-2433.

5. Product Colors

We make reasonable efforts to display, as accurately as possible, the colors of our Products. However, the actual colors you see depend on your monitor or device, and thus we cannot guarantee that the colors of Products you see when viewing the Websites will be accurate.

6. Product Shipping, Subscriptions, and Return Policies

Please refer to the Additional Terms and Conditions for Purchases/Subscriptions below for more information regarding our shipping policies, refund policies, and other policies and procedures, all of which are incorporated herein by reference. The Additional Terms and Conditions for Purchases/Subscriptions include separate provisions regarding warranty disclaimers and liability limitations.

7. Our Intellectual Property

Home Chef and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Websites, such as trademarks, service marks, names, or logos associated with third-party organizations, are the trademarks, service marks, names, or logos of their respective owners. In accessing the Websites, you are granted no right or license with respect to any trademarks, service marks, names, or logos, including the foregoing. In addition, the look and feel of the Websites and Products, including page headers, custom graphics, button icons, and scripts, constitute our service marks, trademarks, or trade dress and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

Certain materials available on or through the Websites are our “Works” (i.e., content we own, authored, created, purchased, or licensed). Our Works are protected by copyright, trademark, patent, trade secret, and/or other laws, and we reserve and retain all rights in and to our Works and the Websites. We hereby grant you a royalty-free, limited, revocable, transferable, non-sublicensable, and non-exclusive license to access our Works solely for your personal use in connection with using the Websites. You may print copies of, may download extracts of any pages from, and may copy links to the Websites for your personal reference and share them for the personal use of others. You may not use any part of our Works for commercial purposes without first obtaining a license to do so from us and our licensors. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Works or any adaptations thereof unless expressly set forth herein. Any use of the Works other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

8. Prohibited Conduct/Representations and Warranties

You represent and warrant that you will not use the Websites to:

9. Complaints and Providing Feedback

If you believe that your rights, or the rights of a third party, are being violated in any way in connection with the Websites, please contact us at content@homechef.com. Where we deem appropriate in our sole discretion, we will work to prevent harmful or unlawful activity from taking place on or through the Websites. If you believe any content on the Websites infringes your copyrights, you may request that we remove the content from the Website by contacting us at content@homechef.com and describing the work and, where possible, including a copy or the location (e.g., URL) of an authorized version of the work.

If, in communicating with us, you provide comments, suggestions, ideas, questions, or other information about the Products or the Websites (collectively, “Feedback”) by interacting with the Websites, email, social media, or any other means of communication, such Feedback is solely our property. You agree that we own any and all rights to such Feedback and may use such Feedback for any purpose without acknowledgment of or compensation to you.

For the avoidance of doubt, nothing in these Terms and Conditions shall preclude you from posting, distributing, or communicating an honest review of your experience with Home Chef or the Website.

10. Third-Party Websites

The Websites contain links to websites of third parties and advertisements of third-party products and services. If you use these links, you will leave the Websites. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant, endorse, or otherwise make any representation about them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you visit these websites, you become subject to their terms and conditions of use and privacy policies (if any), which we encourage you to review. We do not endorse these websites and our Privacy Policy and these Terms and Conditions do not apply to them.

You expressly release us from any and all liability arising from your use of any third-party website, service, or content. Your dealings with those third-party websites, including payment for or delivery of goods, and any other terms, including warranties, are solely between you and those third parties. You specifically agree that we are not responsible for any loss or damage of any sort resulting or arising from your dealings with those third-party websites.

11. AI Features

Some features on the Websites use generative artificial intelligence (“AI”) to help answer questions, generate content, or provide information. These AI-powered features are subject to the additional terms below. By using the AI features, you agree to these terms.

How Our AI Features Work

Our AI features can generate text, images, audio, video, or other content (referred to generally as an 'output') based on what you ask or submit (referred to generally as an 'input'). Because this technology relies on automated models, the responses it generates (i.e., the output) may not always be accurate, complete, or up to date.

Your Responsibilities When Using AI Features

You should always review AI-generated information carefully before relying on it or taking any action. In addition, when using our AI features, you agree that you will not use them:

You are responsible for everything you submit to the AI features and for how you use any content they generate.

Accuracy and Reliability

AI-generated content is created using automated models and may contain errors or omissions. In particular:

In addition, because of how AI works, different users may sometimes receive similar or identical responses.

Data and Content You Provide

You confirm that you have the right to submit any information, text, files, or other materials you provide to the AI features. Home Chef may process your inputs and the AI-generated outputs to:

Home Chef may use de-identified data derived from AI interactions for improvement purposes. Your inputs and outputs will not be used to train or update third-party AI foundation models.

Please do not submit personal, sensitive, or confidential information when using the AI features.

Disclaimers

THE AI FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOME CHEF DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

HOME CHEF DOES NOT GUARANTEE THAT AI-GENERATED CONTENT WILL BE ERROR-FREE, UNBIASED, OR SUITABLE FOR ANY PARTICULAR PURPOSE.

12. Release

If you have a dispute with one or more users of the Websites, or with any party who provides advertising or third-party services on or through the Websites, or with any party who provides a website linked to on the Websites, you release us from any and all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also waive California Civil Code § 1542, which says:

"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 also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the USA or any local law or regulation that may govern this release substantially similar to California Civil Code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release.

13. Indemnification

You agree to indemnify, defend and hold harmless Home Chef and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from: (a) your use of, or inability to use, our Websites; (b) your violation of these Terms and conditions; (c) your violation of any rights of another party, including other users; or (d) your violation of any applicable laws, rules, or regulations.

If you cause a technical disruption of the Websites or the systems transmitting the Websites to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. You hereby agree that we have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice.

14. Notice For California Users

Under California Civil Code § 1789.3, California residents are entitled to the following specific consumer rights notice: If you have a question or complaint regarding the Websites, you may email us at support@homechef.com, call us at (872) 225-2433, or write to Home Chef, ATTN: Customer Service, Relish Labs LLC d/b/a Home Chef, 433 W. Van Buren St., Ste. 750N, Chicago, Illinois 60607. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

15. Warranty Disclaimers

YOU USE THE WEBSITES AT YOUR SOLE RISK. WE PROVIDE THE WEBSITES "AS IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITES AND CONTENT OBTAINED THROUGH THE WEBSITES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITES.

WE MAKE NO WARRANTY THAT (i) THE WEBSITES WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE WEBSITES' CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS, OR (v) THE WEBSITES, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

16. Limitation of Liability

TO THE EXTENT ALLOWED BY LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INJURY, LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING:

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, LOSS OF INCOME, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT, OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THESE TERMS AND CONDITIONS, THE WEBSITES, OR INFORMATION WE PROVIDE YOU, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE, OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITES IS TO STOP USING THE WEBSITES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US.

17. Jurisdictional Restrictions

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS OR WAIVERS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

18. Dispute Resolution; Binding Arbitration; Class Action Waiver; & Waiver Of Jury Trial

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”) AND MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THIS SECTION ALSO CONTAINS A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION, AS WELL AS A RIGHT TO HAVE A TRIAL BY JURY.

For the purposes of this Section, the terms "Home Chef," "our," "we," or "us" include Relish Labs LLC d/b/a, its subsidiaries, affiliates, or any of their respective officers, directors, or employees. Relish Labs LLC's subsidiaries, affiliates, and any of their officers, directors, or employees are intended to be third-party beneficiaries of this Agreement.

Arbitration Agreement. You and Home Chef agree that all Disputes (defined below) shall be resolved by final and binding individual arbitration before a neutral arbitrator instead of in a court by a judge or jury, and you agree that we and you are each waiving the right to trial by a jury. Notwithstanding the foregoing, either party may elect to have individual claims heard in small claims court so long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class action basis). Any Dispute over whether claims qualify for small claims court is for the small claims court to decide in the first instance and, if necessary, for a court of competent jurisdiction to decide.

YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATION AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

For purposes of this Section, "Dispute" shall include, but is not limited to, any claims or controversies between you and Home Chef that are related in any way to these Terms and Conditions, including, but not limited to, your use of our Websites, sales, returns, refunds, cancellations, defects, policies, privacy, advertising, and/or any communications between you and Home Chef, whether occurring on the Websites or otherwise, even if the Dispute arises after the termination of your relationship with Home Chef. "Dispute" also includes, without limitation, claims that: (a) you bring against Home Chef; (b) Home Chef brings against you; (c) in any way relate to or arise out of any aspect of the relationship between you and Home Chef, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) arose before you entered into these Terms and Conditions or out of a prior agreement with Home Chef (including, without limitation, claims relating to advertising); (e) are subject to ongoing litigation where you are not a party or a member of a certified class; and/or (f) arise after the termination of these Terms and Conditions. "Dispute," however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property or claims for personal bodily injury, which shall not be subject to arbitration or the notice and informal process described below.

The arbitrator shall decide all issues except for: (a) those that are specifically reserved for a court herein; and (b) whether the arbitration administrator cannot or will not administer the arbitration in accordance with this Arbitration Agreement – which are for a court of competent jurisdiction to decide.

Mandatory Pre-Arbitration Informal Dispute Resolution. You and Home Chef agree that good-faith informal efforts to resolve Disputes often can result in a prompt, low-cost and mutually beneficial outcome. Therefore, you and Home Chef agree to engage cooperatively to try and resolve any Dispute informally prior to you or Home Chef initiating an arbitration proceeding.

The party initiating the Dispute, whether it be you or Home Chef, must first send a written notice to the other party providing a detailed description of the Dispute, including at least the following information: (1) the initiating party's name and contact information (address, telephone number, email address, and account number if applicable); (2) sufficient information to enable you or Home Chef to identify any transaction at issue (including any receipts or purchase details); (3) the nature and basis of the Dispute and any claims; and (4) the nature and basis of the relief sought (including a calculation of any damages). Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel). Our notice to you must be personally signed by a Home Chef representative (and our attorney if we are represented by legal counsel).

Your notice to Home Chef must be sent to the following:

The Kroger Co.
Law Department
Subject: HOME CHEF INFORMAL DISPUTE RESOLUTION NOTICE
1014 Vine Street
Cincinnati, OH 45202
Attention: Arbitration Legal

Our notice to you must be sent to the most recent contact information you have provided to us.

For a period of 60 days from the date of receipt of a completed notice from the other party, you and we will work together using reasonable efforts to try to resolve the Dispute. If requested by us in connection with a notice initiated by you, you agree to personally participate in an individualized, telephone dispute resolution conference (and if you are represented by an attorney, your attorney may also participate) in a good-faith effort to resolve informally the Dispute. If requested by you in connection with a notice initiated by us, we agree to have a Home Chef representative personally participate in an individualized, telephone dispute resolution conference (and if Home Chef is represented by counsel, Home Chef's counsel may also participate) in a good-faith effort to resolve informally the Dispute. If the Dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration, and the arbitrator shall dismiss any arbitration demand filed before completion of this informal dispute resolution process.

Any applicable limitations period (including statute of limitations) and filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution.

If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party's election, and any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.

Arbitration Rules and Procedures, Individualized Relief; Fees. In order to initiate arbitration following the conclusion of the informal dispute resolution process required by this Section, a party must provide the other party with a written demand for arbitration and file the demand with National Arbitration and Mediation ("NAM"). Information about NAM can be found generally at https://www.namadr.com/

The arbitration demand must be accompanied by a certification of completion of the informal dispute resolution process and a copy of the notice. If you are initiating arbitration, the arbitration demand and certification must be personally signed by you or your counsel (if you are represented by counsel). If Home Chef is initiating arbitration, the arbitration demand and certification must be personally signed by a Home Chef representative or its counsel (if Home Chef is represented by counsel).

By signing or filing the arbitration demand, the party and the party's counsel initiating the arbitration certify that to the best of their information, knowledge, and belief, formed after a reasonable inquiry under the circumstances, that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator is expressly authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law on represented parties and their counsel for either party's violation of this requirement.

Notwithstanding any applicable choice of law or other provisions, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Arbitration Agreement.

The arbitration shall be administered by NAM under its applicable rules, including NAM's Comprehensive Dispute Resolution Rules and Procedures, and/or NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures, as applicable (the "NAM Rules"), as modified by this Agreement.

NAM's Comprehensive Dispute Resolution Rules and Procedures are available here: https://www.namadr.com/content/uploads/2025/12/Comprehensive-Rules-as-of-12.16.25.pdf

NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures are available here: https://www.namadr.com/content/uploads/2024/10/Mass-Filing-Supplemental-Rules-updated-as-of-10.1.2024.pdf

The arbitration will be conducted by a single arbitrator, other than the potential use of a Procedural Arbitrator, who may be appointed in accordance with the NAM Rules. If NAM is unavailable or unwilling to administer the arbitration consistent with the NAM Rules as modified by this Agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree on an administrator, they shall jointly petition a court of competent jurisdiction to appoint an administrator that will administer the arbitration consistent with its rules as modified by this Agreement.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by NAM or by the arbitrator. In cases where an in-person hearing is held, and where the monetary demand is below $10,000, you and/or Home Chef may attend by telephone, unless the arbitrator requires otherwise. The arbitrator's decision shall be final and binding on all parties to the arbitration that are the subject of the decision. The arbitration award shall have no preclusive effect in any other arbitration or proceeding that does not involve you or Home Chef.

UNLESS BOTH YOU AND WE AGREE OTHERWISE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. ADDITIONALLY, YOU AND HOME CHEF AGREE THAT THE ARBITRATOR MAY AWARD INDIVIDUAL RELIEF AVAILABLE IN COURT (INCLUDING, WITHOUT LIMITATION, DAMAGES, DECLARATORY, INJUNCTIVE, OR OTHER EQUITABLE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S CLAIM. THE ARBITRATOR MAY NOT ISSUE A "PUBLIC INJUNCTION." THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS. IF, FOR ANY REASON, A COURT OF COMPETENT JURISDICTION HOLDS THAT THESE RESTRICTIONS ARE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN A COURT OF COMPETENT JURISDICTION BUT SHALL BE STAYED PENDING ARBITRATION OF ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF.

The payment of any filing, administrative, or arbitrator fees will be governed by the applicable NAM Rules. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose. You and Home Chef agree that the parties have a shared interest in reducing the fees and costs, and increasing the efficiencies, associated with arbitration. Therefore, you or Home Chef may elect to engage with the arbitration administrator regarding fees, and you and Home Chef agree that the parties (and their counsel, if the parties are represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

Additional Procedures for Mass Arbitration: You and Home Chef agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this Arbitration Agreement) shall also apply in the event of a "Mass Arbitration" (defined below). You and Home Chef agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere Disputes between the parties. You and Home Chef acknowledge and agree to act in good faith to ensure the procedures set forth herein are followed.

If claimants (including you) assert or seek to assert 25 or more similar arbitration demands against Home Chef with the same counsel or counsel acting in coordination ("Mass Arbitration"), NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures and these provisions shall apply. For the avoidance of doubt, if any Mass Arbitration demands were originally processed as individual arbitration demands before the procedures described in this Additional Procedures for Mass Arbitration section were commenced, further proceedings, including the assessment of further arbitration fees to either party shall be governed by the procedures set forth in this Additional Procedures for Mass Arbitration section and NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures. Decisions by the Procedural Arbitrator shall not be binding on claimants who filed an arbitration demand determined to be part of the Mass Arbitration.

In the event a Mass Arbitration is presented, you and Home Chef will attempt to agree on a batching protocol where arbitrations will be filed and proceed in stages. If you and Home Chef cannot agree on a batching protocol, the parties shall submit such issues for decision by the Procedural Arbitrator. Arbitration awards in one arbitration or batch of arbitrations shall have no precedential effect on subsequently administered batches.

You acknowledge and agree that, by participating in a Mass Arbitration, the resolution of your Dispute might be delayed. The parties agree that throughout this process, their counsel shall meet and confer in an effort to informally resolve the Dispute, streamline procedures, address the informal exchange of information, modify the number of Disputes to be adjudicated and to promote efficiency, conservation of resources, and the resolution of Disputes, including to engage with the arbitration administrator to address threshold administrative issues.

If your Dispute is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to NAM until your Dispute proceeds in arbitration or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration section of the Arbitration Agreement, including by enjoining the filing, prosecution, or administration of arbitrations, and the assessment or collection of arbitration fees.

The Additional Procedures for Mass Arbitrations section of the Arbitration Agreement and each of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that this Additional Procedures for Mass Arbitrations section applies to your Dispute and is not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Agreement.

Changes to Arbitration Agreement: If Home Chef changes this Dispute Resolution section after the date you last accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject that change by sending us written notice to The Kroger Co., Law Department – HOME CHEF INFORMAL DISPUTE RESOLUTION NOTICE, 1014 Vine Street, Cincinnati, OH 45202, with your first and last name, e-mail address, and, if applicable, any Home Chef account information and stating your intent to reject the change within 30 days of the date the change is effective. Rejecting any change, however, does not revoke or alter your prior consent or any earlier agreements to arbitrate any Dispute between you and Home Chef.

Severance of Arbitration Agreement: If any portion of this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class, Collective, and Representative Action Waiver above in this Dispute Resolution section is found to be void, unenforceable, or unlawful, in whole or in part, with respect to a particular claim or request for relief (such as a request for public injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), the parties agree that the particular claim or request for relief may proceed in a court of competent jurisdiction but shall be stayed pending arbitration of all remaining claims and requests for relief.

Survival of Arbitration Agreement: Except as otherwise provided in this Dispute Resolution section, this Arbitration Agreement will survive any termination of the Agreement or of your access to the Services. This Arbitration Agreement survives after your relationship with Home Chef ends.

Waiver of Jury Trial; Waiver of Class Actions: TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND HOME CHEF WAIVE THE RIGHT TO A JURY TRIAL. YOU AND HOME CHEF ALSO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR IN LITIGATION IN COURT. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

19. Termination of Service

You agree that we may, without prior notice, immediately terminate, limit your access to, or suspend your Account based for any reason, including the following: (i) breach or violation of these Terms and Conditions; (ii) upon request by law enforcement; (iii) unforeseeable technical or security issues or problems; (iv) extended periods of inactivity; or (v) fraudulent, deceptive, or illegal activity, or other activity which we believe is harmful to the Websites or our business interests. You agree that termination, limitation of access, and/or suspension will be made in our sole discretion and that we shall not be liable to you or any third party for the termination, limitation of access, and/or suspension of your Account.

20. Miscellaneous

These Terms and Conditions constitute the entire agreement between you and us and govern your use of the Websites, purchases made thereon, and any subscription entered into or agreed to thereon (a “Subscription”).

These Terms and Conditions supersede any prior agreements between you and us with respect to the Websites and purchases and Subscriptions made thereon.

We each acknowledge that in entering into these Terms and Conditions neither of us relies on any representation or warranty that is not set out in these Terms and Conditions or the documents referred to herein.

These Terms and Conditions and the rights, benefits, and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.

No party, nor any of the parties' respective attorneys, will be deemed the drafter of these Terms and Conditions for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.

Except as otherwise expressly provided in these Terms and Conditions, there are no third-party beneficiaries of these Terms and Conditions. For clarity, our representatives, officers, managers, members, subsidiaries, affiliates, parent companies, employees, and agents are intended third-party beneficiaries of these Terms and Conditions.

No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms and Conditions.

Any failure by us to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms and Conditions must be in writing.

If any provision of these Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be invalid, you and we agree that the court or arbitrator should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect.

The headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.

Unless otherwise expressly stated herein, the laws of the USA and the laws of the State of Illinois, without regard to the principles of conflicts of laws, will govern these Terms and Conditions, your use of the Websites, and all matters relating to your access to and/or use of the Websites, including all disputes between you and us. You also agree that the Websites will be deemed solely based in Illinois.

“Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.

Unless otherwise set forth herein, all notices given by you to us must be given to Relish Labs LLC d/b/a Home Chef at support@homechef.com. We may give notice to you at the e-mail or postal address you provide to us when placing an order, at any other e-mail or postal address specified in your Account, or in any of the ways specified herein. Notice will be deemed received and properly served immediately when posted on the Websites, 24 hours after an e-mail is sent, or on the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Additional Terms and Conditions for Purchases/Subscriptions

21. Subscriptions

YOU ACKNOWLEDGE AND AGREE THAT WHEN YOU SIGN UP FOR A SUBSCRIPTION PLAN ("SUBSCRIPTION") YOU WILL BE CHARGED INITIALLY AND THEREAFTER ON THE PERIODIC RECURRING BASIS THAT YOU CHOOSE (E.G., WEEKLY) FOR THE NUMBER OF MEALS AND SERVINGS THAT YOU CHOOSE. YOU ACKNOWLEDGE THAT UNLESS YOU MODIFY YOUR RECURRING DELIVERIES (EACH, A “DELIVERY”), YOU WILL RECEIVE THE DEFAULT PRODUCTS SELECTED BY US FOR YOU BASED ON YOUR ACCOUNT SETTINGS AND OTHERWISE AND THAT THE PERIODIC CHARGES FOR YOUR SUBSCRIPTION WILL VARY BASED ON THOSE DEFAULT SELECTIONS. BY SIGNING UP FOR A SUBSCRIPTION, YOU AGREE YOU WILL PAY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION. YOU ALSO ACKNOWLEDGE THAT IF YOU WERE OFFERED PROMOTIONAL PRICING OR OTHER SUCH PROMOTIONAL TERMS, THE PERIODIC CHARGES FOR YOUR SUBSCRIPTION WILL INCREASE OR OTHERWISE CHANGE UPON TERMINATION OF SUCH PROMOTIONAL TERMS.

You may modify your Subscription (e.g., the number of meals per Delivery, the number of servings, or the Products included), pause your Subscription, skip a Delivery, change your payment method, or cancel your Subscription at any time online (while logged into your Account) or by sending a request by email to support@homechef.com. Such requests will not affect charges submitted before we could reasonably act on such requests. The amount you will be charged for each Delivery, including estimated shipping costs, is reflected in your Account and changes based on selections you make. Deliveries are considered final at 12:00 p.m. Central Standard Time (i) on the Wednesday before the Delivery is scheduled to arrive, for Products selected from our “Tempo by Home Chef” menu, and (ii) on the Friday before the Delivery is scheduled to arrive, for all other Products. The time that the applicable Delivery is considered final as set forth in the preceding sentence is referred to in these Terms and Conditions as the (the “Deadline”) for such Delivery. You must pause, skip, or cancel prior to the Deadline to not be charged for such Delivery. If you pause, skip, or cancel after the Deadline, you will receive the next Delivery and will not be refunded any portion of the amount paid for such Delivery. You can resume or re-subscribe at any time after you pause or cancel your Subscription, but we reserve the right to refuse re-subscription in our sole discretion.

We reserve the right in our absolute discretion to terminate or not renew your Subscription at any time without giving any reason for our decision.

If you elect to skip a Delivery or Deliveries, that does not permanently pause or cancel your Subscription. If you do not return to the Websites to skip additional Deliveries or take additional action, you will receive and be billed for the first Delivery you have not skipped at the Deadline. Your Delivery will cover only the Products whose dispatch we have confirmed in your Account. We will not be obligated to supply any other Products that may have been part of your Delivery unless the dispatch of such Products has been confirmed in a separate confirmation.

When you sign up for a Subscription with us, you consent to receive emails about exclusive offers, weekly menus, and news at Home Chef. You may unsubscribe from promotional emails in your Account settings at any time.

22. Vouchers, Discounts, and Gift Cards

We may offer gift cards, discount promotions, referral credits, and other types of vouchers (each, a “Voucher”; collectively, “Vouchers”), which must be activated on the Websites at www.homechef.com to be redeemed. If paid for, the Voucher is deemed to have been sold at the time it was paid for. These Terms and Conditions will become applicable as between us and the holder or owner of the Voucher (each, a “Holder”) when the Holder purchases, uses, accepts, or redeems the Voucher on the Websites. Other terms apply; see https://support.homechef.com/hc/en-us/requests/new.

Each Voucher:

To see specific terms for your Voucher, review your Voucher terms or see https://support.homechef.com/hc/en-us/requests/new. If the terms of the Voucher conflict with the terms on the Websites, the terms on the Voucher control. There is no cash value to any discount or referral credit received through a Voucher. We reserve the right to withdraw or cancel any Voucher (other than a consumer funded gift card not subject to fraud) for any reason at any time. Unless otherwise explicitly stated, all promotional discounts may not be combined with any other offers, are valid for new customers only, and are limited to one (1) per household address.

23. Referrals

You agree to share your Home Chef referral link or code with your own personal connections only via email, text, your own social media accounts, and personal blogs where you are the primary content owner. Public distribution on sites where you are not the primary content owner - e.g., our social media pages and third-party coupon websites - is not allowed. We reserve the right to suspend your Account and/or revoke any and all referral credits at any time if we believe the credits were inappropriately earned. Intended for Home Chef classic subscription; maximum value of $59 applied. Credits will be automatically applied toward future Deliveries and must be used within 90 days of issue.

Valid for new customers only. Referral credit limited to one (1) per new household address, and cannot be combined with any other Home Chef offers, promotions, or discounts. Your promotional discount recipient can freely choose to skip or cancel future deliveries free of charge once they redeem their referral credit.

24. Risk and Title

Once the Products are delivered to you, ownership and the risk of loss thereof passes to you. Following delivery, you, and not Home Chef, are solely responsible for the proper and safe washing, preparation, storage, and cooking of the Products. By ordering any of our Products, you agree to use the Products at your own risk.

25. Price and Payment

The prices for our Products and shipping thereof, if any, will be as quoted on the Websites from time to time, except in cases of obvious error. Applicable sales taxes will be included at checkout. Our prices may change from time to time, but changes will apply only to orders that are confirmed after the changes are stated on the Websites.

Payments must be made by American Express, Visa, MasterCard, Discover, or PayPal. We reserve the right to change the available payment methods at any time. At the Deadline for each Delivery, we will immediately charge your credit card, debit card, or PayPal account. Thereafter, we will not charge your credit card, debit card, or PayPal account for subsequent Deliveries until the Deadline applicable to those Deliveries.

By providing a credit card or other payment information, you represent and warrant that you are authorized to use such payment method and you authorize us (or our third-party payment processor) to charge your payment method for amounts due, including any applicable taxes and other charges.

Although we make reasonable efforts to provide accurate pricing information and Product descriptions, pricing mistakes, typographical errors, or mistakes regarding Product availability may occur. We reserve the right to correct such mistakes and errors. We cannot guarantee that information displayed on the Websites is 100% accurate. If a Product is listed at an incorrect price or a Product description is inaccurate, we have the right, in our sole discretion, to reject or cancel any orders placed for that Product. In those circumstances, if your credit card, debit card, or PayPal account has already been charged, we will issue a credit to your credit card, debit card, or PayPal account within a commercially reasonable amount of time.

26. Order Limitations

We reserve the right to limit, in our sole discretion, the quantities of any product that may be purchased on a per person or per order basis.

27. Our Refund Policy

After you accept delivery of a Product from us, if you are not 100% satisfied with the Product (because it is defective or otherwise), you may request a Home Chef credit redeemable through your Account for the future purchase of a Product of equal value thereto (a “Credit”) or a refund therefor within seven days of delivery by sending an email to support@homechef.com. If part of a Product is defective, we reserve the right to decide in our discretion whether we will provide you with (i) a Credit or a refund in an amount equal to the value of the defective portion(s) or (ii) a Credit or a full refund in an amount equal to the full value of the Product. The full refund option does not apply to orders larger than $100, and we reserve the right to reject requests deemed to be fraudulent.

If you refuse a Delivery because you skipped, paused, or canceled the Delivery prior to the Deadline, and you are able to provide documentary evidence of such skip, pause, or cancellation (for instance, a time-stamped email), we will process a Credit or a full refund (including any applicable shipping charges) as soon as practicable and, in any case, within 30 days of your skip, pause, or cancellation request.

If you refuse a Delivery for any other reason, we will notify you within a reasonable period of time whether you are entitled to a Credit or a refund (and, if so, the amount thereof), by phone or e-mail. If we determine that you are entitled to a Credit or a refund, we will process such Credit or refund within 30 days of communicating our decision to you.

We provide refunds using the same method that you used to pay for your purchase, subject to our discretion.

28. Limited Product Warranty; Product Disclaimers; Liability Limitation

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU OR OTHERS CONSUMING THE PRODUCTS MAY HAVE AND ENSURING THE PRODUCTS ARE COMPATIBLE WITH THOSE FOOD ALLERGIES PRIOR TO CONSUMPTION. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT OUR PRODUCTION FACILITIES PROCESS PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS, AND TREENUTS) AND WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR AMONG PRODUCTS.

We warrant to you that any Product purchased from us through the Websites will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for the purposes for which products of that kind are commonly supplied. If you feel that we have not met the warranty stated in the previous sentence, you may request a refund pursuant to our refund policy, as outlined above.

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, WE HEREBY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE PRODUCTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THE PRODUCTS OR THE WEBSITES WILL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS. THIS WILL CONSTITUTE OUR SOLE LIABILITY, IF ANY, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

Certain state laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. Nothing herein excludes or limits our liability for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.

29. Events Outside Our Control

We will not be liable or responsible for any failure to perform or for any delay in performance of any of our obligations under an order that is caused by events outside our reasonable control (“Force Majeure Event” or “FME”).

A FME includes any act, event, happening, non-happening, omission, or accident beyond our reasonable control and includes in particular the following:

Our performance under any Delivery is deemed to be suspended for the period that the FME continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the FME to a close or to find a solution by which our obligations under the Delivery may be performed despite the FME.

30. Availability and Delivery

Your Delivery will be fulfilled by your selected date absent the occurrence of a FME. If there is a FME, we are not liable for the cost of any compromised or failed Deliveries; however, we reserve the right to refund to you all or part of the price of any such compromised or failed Deliveries as we see fit. You agree to receive text messages from our delivery partner regarding your Deliveries. Your mobile carrier's standard message and data rates may apply. You may opt out of these text messages at any time using the instructions included therein.

31. Food Safety Considerations

You are responsible for the safe handling of all Products upon delivery. We recommend immediately inspecting all Products you receive from us for any defects or other issues, and to determine freshness upon delivery. We pack all shipping containers with insulated liners, gel packs, and/or other items intended to ensure Products are kept in a refrigerated, cold environment during transit, but cannot guarantee that handling during delivery will not shift Products or damage the shipping container or its contents and compromise the refrigerated, cold environment. Therefore, upon receiving your Home Chef box, you should always promptly inspect all Products contained in your Delivery to confirm that the meal ingredients arrived in a cool, refrigerated condition and the shipping container and its contents are not otherwise visibly damaged. We recommend that you use a food thermometer to ensure that the Product temperatures within the container for any meat, poultry, seafood, dairy, and cut produce Products are 40° F or below. In the unlikely event the meat, poultry, seafood, dairy, and/or cut produce Product temperatures are found to be above 40° F, or you have any other reason to believe that any other Product in your Delivery is not suitable for consumption, immediately contact us at support@homechef.com and then discard the Product(s).

To maintain the quality and safety of the Products, we recommend that you refrigerate all perishable Products upon delivery and follow all U.S. Department of Agriculture (“USDA”) guidelines on food safety for refrigerated/frozen storage and safe food handling. You agree to follow all cooking instructions outlined in the recipe cards and use a food thermometer to verify that the cooking temperatures of all meat, poultry, seafood, and other applicable items meet the USDA's minimum internal cooking guidelines. We also recommend that you wash all fresh produce under running water prior to using. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly, and individuals with compromised immune systems should follow the U.S. Food and Drug Administration's (“FDA”) recommendations on food consumption for at-risk groups.

All our production facilities actively store, portion, and distribute ingredients that contain all eight major food allergens as determined by the FDA (milk, wheat, egg, soy, fish, shellfish, peanuts, and tree nuts). While we take precautions to reduce the risk of cross-contamination between ingredients, cross-contamination may unintentionally occur during production and transit which may cause Products to contain some or all of those allergens. Eggs, fish, shellfish, and soy are allergens that are commonly found in many ingredients, especially some of the sauces that may be used in our recipes (fish sauce, Worcestershire sauce, etc.). You are solely responsible for identifying and understanding all food allergies you have and evaluating whether or not to consume the Products based on that knowledge. If you suspect that you have an allergic reaction or other adverse health event, immediately contact your health care provider. In addition, due to the variable nature of ingredient availability, nutritional information we provide may differ from published nutritional information.