Terms of Use

By accessing or using the Site, you agree to these Terms. If you do not agree with these Terms, do not access or use the Site. Your access to or use of the Site constitutes your agreement to these Terms. Where the Site provides a checkbox, button, electronic signature field, or other affirmative consent mechanism, your selection, submission, or other affirmative action constitutes your express agreement to these Terms and any terms specifically identified at that point of interaction.

We may require prominent clickwrap consent before you create an account, submit a request for quotation, submit an inquiry, or transmit information through the Site. You agree not to submit information or use those features unless you have reviewed and affirmatively accepted the applicable terms.

You consent to conduct transactions with us electronically and to receive notices, disclosures, records, contracts, and other communications electronically. The parties intend that electronic records and electronic signatures have the same legal effect as paper records and handwritten signatures to the fullest extent permitted by the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), the Nevada Uniform Electronic Transactions Act, including Nevada Revised Statutes Chapter 719, and other applicable law.

You may withdraw your consent to electronic transactions or request a paper copy of an electronic record by contacting legal@tohmsp.com. Withdrawal of consent may affect your ability to use certain Site features or complete transactions electronically. A request for a paper copy should identify the record requested and the email address or other contact information associated with the relevant transaction.

You must be at least eighteen (18) years old and at least the age of majority in the jurisdiction where you reside to use the Site. By using the Site, you represent that you satisfy these requirements and have authority to agree to these Terms on your own behalf or on behalf of the entity you represent.

You may use the Site for lawful business purposes and only in accordance with these Terms and applicable law. You may not:

• Attempt to gain unauthorized access to any part of the Site, its systems, accounts, networks, or related infrastructure;
• Circumvent, disable, interfere with, or defeat any security feature, access control, authentication process, usage limit, or technological protection;
• Interfere with the operation, security, or availability of the Site;
• Use automated means, including bots, crawlers, spiders, scripts, or scraping tools, to access, copy, monitor, index, or collect Site content without our prior written permission;
• Use Site content to train, fine-tune, test, validate, develop, or improve any machine-learning, artificial-intelligence, generative-AI, or similar model or system;
• Transmit, upload, or distribute unlawful, fraudulent, defamatory, abusive, threatening, invasive, infringing, harmful, or malicious material;
• Misrepresent your identity, authority, affiliation, relationship with a government agency, or relationship with Taste of Home MSP Inc.;
• Use the Site to impersonate another person or entity;
• Introduce malware, viruses, malicious code, or other harmful material; or
• Use the Site in a manner that violates any applicable law, regulation, government requirement, or third-party right.

We may suspend or terminate your access to all or part of the Site at any time, with or without notice, if we believe you have violated these Terms, applicable law, or the security or integrity of the Site.

The content of this Site—including text, graphics, logos, photographs, videos, designs, software, layout, and other materials—is owned by Taste of Home MSP Inc. or its licensors and is protected by applicable intellectual-property law.

You may view and print pages from the Site for your own internal business use. You may not otherwise copy, reproduce, modify, distribute, transmit, display, publish, republish, sell, license, create derivative works from, or exploit Site content without our prior written permission.

Product images and specifications supplied by manufacturers or suppliers are used with the permission of the applicable manufacturer or supplier, where required, and remain the property of those manufacturers or suppliers. Those materials may be subject to additional terms imposed by the applicable manufacturer or supplier.

Except for the limited right to access and use the Site as expressly stated in these Terms, no license or other right is granted to you by implication, estoppel, or otherwise. Our name, trade names, logos, service marks, trademarks, and other brand elements may not be used without our prior written consent.

Product descriptions, specifications, availability, and pricing shown on this Site are for general information and are subject to change without notice, including changes made by a manufacturer or supplier.

Nothing on this Site is an offer to sell. A quotation is not binding until issued in writing by Taste of Home MSP Inc. (T.O.H. MSP INC) and accepted in writing by the customer, and is subject to the terms of the applicable contract or purchase order.

The purchase of paid products offered on the Site, including the Capability Statement Studio tiers, add-ons, and the GovReady Retainer, is governed by separate Terms of Sale. Where the Terms of Sale and these Terms conflict regarding the purchase, payment, delivery, or refund of a paid product, the Terms of Sale control.

Nothing on the Site constitutes a commitment by Taste of Home MSP Inc. to supply any product, service, quantity, delivery schedule, or other item. Product availability, pricing, specifications, delivery, and performance remain subject to applicable written agreements, purchase orders, supplier confirmation, and other applicable conditions.

Where this Site describes regulatory requirements—including product safety standards, food safety requirements, nutrition information, meal-program requirements, or state licensing rules—it does so for general information only.

The information is not legal, regulatory, medical, nutritional, or professional advice and is not a substitute for verifying your own obligations with the applicable government agency, licensing authority, code official, regulatory body, qualified professional, or counsel.

You are responsible for independently verifying all requirements applicable to your activities, products, services, facilities, personnel, and transactions. Information on the Site may not be complete, current, or applicable to your specific circumstances.

Your use of the Site is also governed by our Privacy Policy available at tohmsp.com/privacy (the “Privacy Policy”), which describes how we collect, use, disclose, and otherwise process personal information.

Nevada Revised Statutes Chapter 603A and, where applicable, the California Consumer Privacy Act as amended by the California Privacy Rights Act (“CCPA/CPRA”) may apply to personal information collected through the Site.

The Site is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, representations, and conditions, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and freedom from defects.

We do not warrant that:

• The Site will be uninterrupted, timely, secure, or error-free;
• The Site or its content will be complete, accurate, current, reliable, or suitable for your purposes;
• Defects or errors will be corrected;
• The Site will be free from viruses, malware, or other harmful components;
• Any product, service, quote, information, or material will be available or supplied; or
• Any third-party, manufacturer-supplied, supplier-supplied, or linked information is accurate, complete, current, reliable, or suitable for your purposes.

You use the Site at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so some of the foregoing exclusions may not apply to you.

To the fullest extent permitted by law, Taste of Home MSP Inc. (T.O.H. MSP INC), its officers, directors, employees, agents, licensors, suppliers, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business opportunities, goodwill, data, or anticipated savings, arising out of or relating to your use of, or inability to use, the Site or any content, product, service, communication, or information made available through the Site.

To the fullest extent permitted by law, our aggregate liability for all claims arising out of or relating to the Site or these Terms will not exceed the greater of:

• The total fees paid by you to Taste of Home MSP Inc. during the twelve (12) months preceding the event giving rise to the claim; or
• One hundred U.S. dollars (US $100).

The liability exclusions and cap in this Section do not apply to liability arising from fraud, willful misconduct, gross negligence, death or bodily injury caused by our negligence, or any liability that cannot be limited under applicable law.

Nothing in these Terms limits any warranty or obligation contained in a signed contract or accepted purchase order between us. To the extent permitted by law, any claim arising out of or relating to the Site or these Terms must be filed within one (1) year after the date the claim arose. Claims not filed within that period are permanently barred.

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Taste of Home MSP Inc. (T.O.H. MSP INC), its officers, directors, employees, agents, licensors, suppliers, and service providers from and against any third-party claim, demand, action, proceeding, damage, loss, liability, judgment, penalty, cost, or expense, including reasonable attorneys’ fees, arising out of or relating to:

• Your misuse of the Site;
• Your violation of these Terms;
• Your violation of any applicable law, regulation, or government requirement;
• Your violation of any third-party right, including intellectual-property, privacy, publicity, or contractual rights; or
• Information, materials, or submissions you provide through the Site.

We reserve the right to assume exclusive control and defense of any matter subject to indemnification. You agree to cooperate with our defense of that matter. You may not settle any indemnified claim without our prior written consent if the settlement imposes an obligation, admission, restriction, or liability on us.

This Site may link to third-party websites. We do not control them and are not responsible for their content, availability, security, products, services, privacy practices, or other practices.

A link to a third-party website does not constitute or imply our endorsement, sponsorship, approval, recommendation, or affiliation with that website or its operator. You access third-party websites at your own risk and should review their applicable terms and privacy policies.

Taste of Home MSP Inc. is a multi-supplier government contractor that may operate as a prime contractor, subcontractor, or teaming partner. The Site may contain general information regarding government contracting, procurement, logistics, food and nutrition, housing and essential living services, emergency support, staffing, registrations, certifications, past performance, or related capabilities.

If you access the Site or transact with us in connection with a federal, state, or local government contract, subcontract, teaming agreement, purchase order, or solicitation, the terms of that applicable written agreement control over any conflicting term of these Terms. This includes applicable Federal Acquisition Regulation (“FAR”) and Defense Federal Acquisition Regulation Supplement (“DFARS”) clauses and any applicable flow-down provisions.

Nothing on this Site states or implies that any federal, state, or local government agency—including FEMA, the Department of Defense, the Department of Health and Human Services, or any municipal department—endorses, approves, recommends, certifies, or sponsors Taste of Home MSP Inc., T.O.H. MSP INC, or any of our services, products, personnel, or capabilities.

References to SAM.gov, NGEM, or any other registration, certification, identification, or government-contracting database are informational only. They are not a representation or guarantee of eligibility, qualification, responsibility, approval, preference, award, or selection for any particular solicitation, contract, procurement, or government program.

You may not use the Site in violation of applicable U.S. export-control laws, sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), or the Foreign Corrupt Practices Act (“FCPA”). You may not use the Site if you are located in, organized under the laws of, or ordinarily resident in a jurisdiction subject to comprehensive U.S. sanctions, unless the use is authorized by applicable law or an applicable license.

We aim to conform the Site to the Web Content Accessibility Guidelines (“WCAG”) 2.2 Level AA and applicable Section 508 accessibility principles.

For additional information, please review our Accessibility Statement available at tohmsp.com/accessibility, which describes our conformance target, known limitations, and the process for reporting an accessibility barrier.

If you need an accessibility accommodation, have difficulty accessing Site content, or wish to report a potential accessibility barrier, please contact accessibility@tohmsp.com. We will consider accessibility requests and work toward providing an appropriate response or alternative means of access where reasonably practicable.

We may suspend, restrict, or terminate your access to the Site or any Site feature at any time, with or without notice, for any reason, including suspected violation of these Terms, applicable law, or the security or integrity of the Site.

You may stop using the Site at any time. Termination or suspension will not affect rights or obligations that accrued before termination. Sections concerning intellectual property, privacy, disclaimers of warranty, limitation of liability, indemnification, government contracting provisions, governing law and venue, claims limitations, and any other provision that by its nature should survive will survive suspension or termination.

We will not be liable for any delay, interruption, suspension, or failure to perform caused by events beyond our reasonable control. These events may include natural disasters, severe weather, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, labor disputes, government action, changes in law, sanctions, embargoes, power or telecommunications failures, cybersecurity incidents, internet disruptions, supply-chain disruptions, failures of third-party providers, or other events outside our reasonable control.

These Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-laws principles.

Except as provided below, any dispute arising from or relating to these Terms, the Site, or your use of the Site will be brought exclusively in the state or federal courts located in Clark County, Nevada, and you consent to the personal jurisdiction and venue of those courts.

Without limiting the venue provision above, for any matter arising out of or relating to our operations in Maryland, the parties may also bring an action in the state or federal courts located in the State of Maryland, and each party consents to the personal jurisdiction of those courts.

Either party may seek temporary, preliminary, or permanent injunctive or other equitable relief in any court of competent jurisdiction when necessary to protect intellectual-property rights, confidential information, security interests, or other rights for which monetary damages may be inadequate.

Nothing in these Terms prevents a party from bringing an eligible claim in small claims court. If a mandatory federal dispute-resolution provision, government-contract clause, administrative remedy, forum-selection provision, or other dispute-resolution requirement applies through a government contract, subcontract, teaming agreement, or purchase order, that provision controls over this Section.

We may update these Terms at any time by posting a revised version on the Site with a new effective date and last-updated date (each shown at the top of these Terms). Material changes will be identified or flagged on the Site when reasonably practicable.

Your continued use of the Site after revised Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to revised Terms, you must stop using the Site.

For questions regarding these Terms or the Site, contact us at:

Legal notices: Formal legal notices should be directed to legal@tohmsp.com and mailed to the address above.