Heinen’s Terms of Use

Update 03/05/2024

Agreement Between User and Heinen’s, Inc. (“Heinen’s”, “Company” or “we”)

The Heinen’s Website (https://www.heinens.com/) is comprised of various Web pages operated by on the Company’s domain (collectively, the “Website”).

The Heinen’s Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Heinen’s Website constitutes your agreement to all such terms, conditions, and notices.

Modification of These Terms of Use

Heinen’s reserves the right to change the terms, conditions, and notices under which the Website is offered, including but not limited to the changes associated with the use of the Heinen’s Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Links to Third Party Sites

The Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of Heinen’s and Heinen’s is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Heinen’s is not responsible for webcasting or any other form of transmission received from any Linked Site. Heinen’s is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Heinen’s of the site or any association with its operators.

The Website may provide certain features, including social media features, that enable you to:

(i) Link from your own or certain third-party websites to certain content on this Website;

(ii) Send emails or other communications with certain content, or links to certain content, on this Website; or

(iii) Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

(i) Establish a link from any website that is not owned by you;

(ii) Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; (or)

(iii) Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

No Unlawful or Prohibited Use

As a condition of your use of the Website, you warrant to Heinen’s that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website, nor shall you introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. You may not use the Website for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. You may not transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. You may not impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

Use of Communication Services

The Website may contain bulletin board services, chat areas, comment sections, news groups, forums, communities, personal web pages, surveys, calendars, and/or other message or communication facilities (collectively, “Communication Services”) designed to enable you to communicate with the public at large or with a group (such communications, “User Communication”); you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

(i) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

(ii) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

(iii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

(iv) Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

(v) Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

(vi) Conduct or forward surveys, contests, pyramid schemes or chain letters.

(vii) Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner

(viii) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

(ix) Restrict or inhibit any other user from using and enjoying the Communication Services.

(x) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

(xi) Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

(xii) Violate any applicable laws or regulations.

Heinen’s has no obligation to monitor the Communication Services. However, Heinen’s reserves the right to review materials posted to a Communication Service and to remove any materials on its sole discretion. Heinen’s reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Heinen’s reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Heinen’s does not control or endorse the content, messages or information found in any Communication Service and, therefore, Heinen’s specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials Provided to Heinen’s or Posted at Any Heinen’s Website

Heinen’s does not claim ownership of the User Communications (including feedback and suggestions). However, by posting, uploading, inputting, providing or submitting your User Communications you are granting Heinen’s, its affiliated companies and necessary sublicensees a worldwide, royalty free, fully paid, perpetual, non-revocable, sublicenseable license to use your User Communication in connection with the operation of their Internet businesses including, without limitation, the rights to:

(i) Copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your User Communication; and

(ii) To publish your name in connection with your User Communication.

No compensation will be paid with respect to the use of your User Communication, as provided herein. Heinen’s is under no obligation to post or use any User Communication you may provide and may remove any User Communication at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your User Communication you warrant and represent that you own or otherwise control all of the rights to your User Communication as described in this section including, without limitation, the right to grant the above license and all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HEINEN’S AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

HEINEN’S AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HEINEN’S AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEINEN’S AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HEINEN’S OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Termination/Access Restriction

Heinen’s reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.

Title

For products you purchase through online platform, custody transfers at the time of product transfer, regardless of pickup vehicle, to you as the customer. Any issues arising from delivery product can be directed to Heinen’s for review by contacting your local store, or customerrelations@heinens.com.

General

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Cuyahoga County, Ohio, U.S.A. in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Heinen’s as a result of this agreement or use of the Website. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Heinen’s with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Heinen’s with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Heinen’s with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

The Company name, the Heinen’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of Heinen’s. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to customerrelations@heinens.com. ALL INQUIRIES NOT RELEVANT TO THE PROCEDURE WILL RECEIVE NO RESPONSE.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: customerrelations@heinens.com.