Use of the Service
You may use the Service only if you can form a binding contract with Heritage Foods, and only in compliance with this Agreement and all applicable laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement.
We may, without prior notice, change the Service or stop providing the Service or features of the Service, to you or to users generally.
If the Service permits you to create an account and you choose to do so, you are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. Company will not be liable for any loss or damage arising from your failure to comply with these requirements.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, Heritage Foods’ computer systems, or the technical delivery systems of Heritage Foods’ providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Heritage Foods (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Heritage Foods (NOTE: crawling the Service is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Service without the prior consent of Heritage Foods except as permitted by these Terms is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service; (vi) use the Service for any unlawful purpose or for promotion of illegal activities; (vii) post any Content or use the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation (including any laws of a non-U.S. jurisdiction applicable to you); (viii) post Content that is hateful, abusive, threatening, profane, misleading, or otherwise objectionable; (ix) use the Service for any commercial solicitation purpose; (x) publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission; (xi) use the Service for the purpose of spamming anyone; or (xii) publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.
“Content” means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service. Some areas of the Service may allow you to post Content, such as comments. You retain ownership of all Content you submit, post, display, or otherwise make available on the Service.
By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, perpetual, royalty-free license (with the right to sublicense) to use, reproduce, adapt, modify, publish, transmit, perform, display, distribute, and make derivative works of such Content in any and all media or distribution methods (now known or later developed).
We may not monitor or control the Content posted via the Service. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Heritage Foods be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit, and that Heritage Foods’ use of your Content in accordance with this Agreement will not violate any law or infringe the rights of any third party.
We reserve the right at all times (but will not have an obligation) to remove any Content on the Service and to terminate users. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Heritage Foods, its users and the public.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as it is provided to you. Heritage Foods reserves all rights not expressly granted herein in the Service and the Heritage Foods Content (as defined below). Heritage Foods may terminate this license at any time for any reason or no reason.
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Heritage Foods and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. You may not copy any portion of the Service except as expressly permitted by the Service (e.g., “share” features). Nothing in this Agreement gives you a right to use the Heritage Foods name or any of the Heritage Foods trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Heritage Foods or the Service are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Heritage Foods will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement appearing on the Service is:
Attn: Copyright Agent
365 Ambar Way
Menlo Park, CA 94025
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. Heritage Foods will terminate a user’s account if the user is determined to be a repeat infringer.
The Service may contain hyperlinks to web services operated by persons or entities other than Heritage Foods (“Third-Party Services”). We provide such links for your reference and convenience only. A link from the Service to a Third-Party Service does not imply or mean that we endorse the content on that Third-Party Service or the operator or operations of that Third-Party Service. You are solely responsible for determining the extent to which you use any content at any Third-Party Services to which you might link from our Service. WE IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY SERVICE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY SERVICE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
Risk of Loss
All products purchased from the Service are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Heritage Foods. Title to products purchased on the Service, as well as the risk of loss for such products, passes to you when Heritage Foods delivers these items to the carrier.
Your access to and use of the Service, Content, and products available on the Service is at your own risk. You understand and agree that the Service, Content, and products are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the fullest extent permitted by law, HERITAGE FOODS AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content or products available thereon. Heritage Foods will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that Heritage Foods has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Heritage Foods or through the Service, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HERITAGE FOODS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OR PRODUCTS OBTAINED FROM OR THROUGH THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT HERITAGE FOODS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You agree to defend, indemnify and hold harmless Heritage Foods and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or Content transmitted or received by you; (ii) your violation of any provision of this Agreement; or (iii) any other party’s access or use of the Service with your username and password or other appropriate security code.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting this Agreement on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead this Agreement and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This Agreement is the entire and exclusive agreement between Heritage Foods and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between Heritage Foods and you regarding the Service. The failure of Heritage Foods to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
Heritage Foods may provide notices to you via email, written or hard copy notice, or through posting on the Service, as determined by Heritage Foods in our sole discretion. Heritage Foods reserves the right to determine the form and means of providing notice to our Users, provided that you may opt out of certain means of notice as described in this Agreement.
We may revise this Agreement from time to time. The most current version will always be on this page. If in our sole discretion the revision is material, we will notify you as provided in this Agreement at least seven days before the revisions become effective. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Agreement.
The Service is operated and provided by Heritage Foods, LLC, P.O. Box 66738, St. Louis, MO 63166-6738. If you have questions about this Agreement, please contact us.