Heinen’s Terms of Use 
This site is provided as a service to our customers. Please review the following
basic rules that govern your use of our Site (the "Agreement"). Please note that
your use of our Site constitutes your unconditional agreement to follow and be bound
by these Terms and Conditions. Although you may "bookmark" a particular portion
of this Site and thereby bypass this Agreement, your use of this Site still binds
you to the terms. Heinen’s reserves the right to update or modify these Terms and
Conditions at any time without prior notice. Your use of the heinens.com Web site
following any such change constitutes your unconditional agreement to follow and
be bound by the Terms and Conditions as changed. For this reason, we encourage you
to review these Terms and Conditions whenever you use this Web site.
Copyrights and Trademarks
Unless otherwise noted, all materials, including images, text, illustrations, designs,
icons, photographs, programs, video clips and written and other materials that are
part of this Site (collectively, the "Contents") are copyrights, trademarks, trade
dress and/or other intellectual property owned, controlled or licensed by heinens.com,
one of its affiliates or by third parties who have licensed their materials to heinens.com
and are protected by U.S. and international copyright laws. The compilation (meaning
the collection, arrangement, and assembly) of all content on this site is the exclusive
property of heinens.com and is also protected by U.S. and international copyright
laws.
© 2008 Heinen’s Fine Foods, Inc. All Rights Reserved.
Heinen’s and its suppliers and licensors expressly reserve all intellectual property
rights in all text, programs, products, processes, technology, content and other
materials which appear on this Web site. Access to this Web site does not confer
and shall not be considered as conferring upon anyone any license under any of Heinen’s
or any third party's intellectual property rights.
The Heinen’s names and logos and all related product and service names, design marks
and slogans are the trademarks or service marks of Heinen’s. All other marks are
the property of their respective companies. No trademark or service mark license
is granted in connection with the materials contained on this website. Access to
this website does not authorize anyone to use any name, logo or mark in any manner.
References on this Web site to any names, marks, products or services of third parties
or hypertext links to third party sites or information are provided solely as a
convenience to you and do not in any way constitute or imply Heinen’s endorsement,
sponsorship or recommendation of the third party, information, product or service.
Heinen’s is not responsible for the content of any third party sites and does not
make any representations regarding the content or accuracy of material on such sites.
If you decide to link to any such third party web sites, you do so entirely at your
own risk.
Use of This Site
This Site and all its Contents are intended solely for personal, non-commercial
use. You may download or copy the Contents and other downloadable materials displayed
on the Site for your personal use only. No right, title or interest in any downloaded
materials or software is transferred to you as a result of any such downloading
or copying. You may not reproduce (except as noted above), publish, transmit, distribute,
display, modify, create derivative works from, sell or participate in any sale of
or exploit in any way, in whole or in part, any of the Contents, the Site or any
related software. All software used on this site is the property of heinens.com
or its suppliers and protected by U.S. and international copyright laws. The content
and software on this site may be used only as a resource. Any other use, including
the reproduction, modification, distribution, transmission, republication, display,
or performance, of the content on this site is strictly prohibited.
Site Security
Users are prohibited from violating or attempting to violate the security of the
Site, including, without limitation, (a) accessing data not intended for such user
or logging onto a server or an account which the user is not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization; (c)
attempting to interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Site, overloading, "flooding,"
"spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including
promotions and/or advertising of products or services; or (e) forging any TCP/IP
packet header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability.
The Company will investigate occurrences that may involve such violations and may
involve, and cooperate with, law enforcement authorities in prosecuting users who
are involved in such violations. You agree not to use any device, software or routine
to interfere or attempt to interfere with the proper working of this Site or any
activity being conducted on this site. You agree, further, not to use or attempt
to use any engine, software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent agents) to
navigate or search this Site other than the search engine and search agents available
from Company on this Site and other than generally available third party web browsers
(e.g., Netscape Navigator, Microsoft Explorer).
General
This Agreement represents the complete agreement between the parties and supersedes
all prior agreements and representations between them. If any provision of this
Agreement is held to be unenforceable for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable and the other terms of this
Agreement shall remain in full force and effect. The failure of Company to act with
respect to a breach of this Agreement by you or others does not constitute a waiver
and shall not limit Company's rights with respect to such breach or any subsequent
breaches.
User Comments, Feedback, Postcards and Other Submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed,
submitted or offered to Heinen’s on or by this Site or otherwise disclosed, submitted
or offered in connection with your use of this Site (collectively, the "Comments")
shall be and remain Heinen’s property. Such disclosure, submission or offer of any
Comments shall constitute an assignment to Heinen’s of all worldwide rights, titles
and interests in all copyrights and other intellectual properties in the Comments.
Thus, Heinen’s will own exclusively all such rights, titles and interests and shall
not be limited in any way in its use, commercial or otherwise, of any Comments.
Heinen’s is and shall be under no obligation (1) to maintain any Comments in confidence;
(2) to pay to user any compensation for any Comments; or (3) to respond to any user
Comments. You agree that no Comments submitted by you to the Site will violate any
right of any third party, including copyright, trademark, privacy or other personal
or proprietary right(s). You further agree that no Comments submitted by you to
the Site will be or contain libelous or otherwise unlawful, abusive or obscene material.
You are and shall remain solely responsible for the content of any Comments you
make. We welcome your comments regarding the heinens.com Web site. However, any
comments, feedback, notes, messages, ideas, suggestions or other communications
(collectively, "Comments") submitted by you shall be and remain the exclusive property
of heinens.com. Your submission of any such Comments shall constitute an assignment
to Heinen’s of all worldwide rights, titles and interests in all copyrights and
other intellectual property rights in the Comments. Heinen’s will be entitled to
use, reproduce, disclose, publish and distribute any material you submit for any
purpose whatsoever, without restriction and without compensating you in any way.
For this reason, we ask that you not send us any comments that you do not wish to
assign to us, including any confidential information or any original creative materials
such as stories, product ideas, computer code or original artwork.
Colors
We have made every effort to display as accurately as possible the colors of our
products that appear on the Site. However, as the actual colors you see will depend
on your monitor, we cannot guarantee that your monitor's display of any color will
be accurate.
Indemnification
You agree to defend, indemnify and hold Heinen’s harmless from and against any and
all claims, damages, costs and expenses, including attorneys' fees, arising from
or related to your use of the Site.
Termination
These terms are effective unless and until terminated by either you or Heinen’s.
You may terminate this Agreement at any time, provided that you discontinue any
further use of this Site. Heinen’s also may terminate this Agreement at any time
and may do so immediately without notice, and accordingly deny you access to the
Site, if in Heinen’s sole discretion you fail to comply with any term or provision
of this Agreement. Upon any termination of the Agreement by either you or Heinen’s,
you must promptly destroy all materials downloaded or otherwise obtained from this
Site, as well as all copies of such materials, whether made under the terms of use
or otherwise.
Disclaimer
This site is provided by Heinen’s on an “as is” and “as available” basis. Heinen’s
makes no representations or warranties of any kind, express or implied, as to the
operation of the site or the information, content, materials, or products included
on this site. To the full extent permissible by applicable law, Heinen’s disclaims
all warranties, express or implied, including but limited to, implied warranties
of merchant ability and fitness for a particular purpose. Without limiting the foregoing,
Heinen’s disclaims any and all warranties, express or implied, for any merchandise
offered on this site. You acknowledge, by the use of your Heinen’s website, that
your use of the site is at your sole risk. This disclaimer does not apply to any
product warranty offered by the manufacturer of this item. This disclaimer constitutes
an essential part of this agreement. Some states do not allow limitations on how
long an implied warranty lasts, sot he foregoing limitations may not apply to you.
Limitation of Liability
Under no circumstances and under no legal or equitable theory, whether in tort,
contract, strict liability or otherwise, shall Heinen’s or any of its employees,
directors, officers, agents, vendors, or suppliers be liable to you or to any other
person for an indirect, special, incidental, or consequential losses or damages
of any nature arising out of or in connection with the use of or inability to use
the Heinen’s website, including, without limitation, damages for lost profits, loss
of goodwill, loss of data, work stoppage, accuracy of results, or computer failure
or malfunction. Even if an authorized representative of Heinen’s has been advised
of or should have known of the possibility of such damages. In no event will Heinen’s
be liable for any damages in excess of the fees paid by you in connection with your
use of the site during the six month period preceding the date on which the claim
arose.
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