Last Revision: November 18, 2022
Thank you for visiting Heritage Grocers Group, LLC’s (“HGG”)website.
These Terms and Conditions of Use (“Terms”) apply exclusively to your access to and use of the HGG website (“Site”). The Terms do not alter in any way the terms or conditions of any other agreement you may have with HGG, or those of our subsidiaries or affiliates, for products, services or otherwise.
1. USE OF THE SITE.
1.1 By accessing or using our Site you agree to these Terms. If you do not agree to these Terms, you may not access or use the Site. HGG reserves the right to change or modify these Terms at any time and in our sole discretion, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the then-current Terms to ensure you understand the terms and conditions that apply to your use of theSite. Your continued use of the Site will confirm your acceptance of the Terms in effect as of the date of your last use of the Site. If you do not agree to Terms, including amendments to the Terms, you must stop using the Site. Any use of the Site in violation of these Terms may result in, among other things, termination of your account.
1.2 If you have any questions regarding the use of the Site, please direct all questions or comments about the Site or its contents to customer service by calling (909) 923-7426 or by emailing email@example.com.
2. OFFERINGS ON THE SITE.
We may change or terminate any of the services, programs, promotions, sweepstakes, contests and/or other offers, deals, coupons, and/or specials (collectively, “Offerings”) described or offered through the Site at any time without notice to you. Not all products are available at all of our facilities or at all times. Some or all of the Offerings or products may not be available in your location. References to any Offerings or products on the Site that may be available in one location do not warrant or imply that HGG offers or intends to offer them in any other location. In addition, from time to time we may work with a third party to provide an Offering; please note that some or all of the pertinent information about such Offering may also be found at such third party’s website and/or in our applicable physical stores, and we encourage you to review all such information before participating in any such Offerings. HGG controls and operates the Site from the United States and makes no representation that the Site is appropriate or available for access and/or use in any other country.
3.2 You should also refer to any separate notices we provide thatapply to sweepstakes, contests or other specifics services we provide, as suchnotices may include information on additional policy practices or other terms.
3.3 If you have any questions, comments, requests or concernsconcerning privacy-related matters, you may contact us at:
Heritage Grocers Group, LLC
2501 East Guasti Rd.
Ontario, CA 91761
Phone: (909) 923-7426
4. ELIGIBILITY, REGISTRATION, AND ACCOUNTS.
4.1 The Site is not targeted towards, nor intended for use by, anyone under the age of 13. By using the Site, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use, or register for an account on the Site. In addition, you may not make a purchase from our Site unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Site; (b) do not have more than one account; and (c) that you have full power and authority to agree to the Terms and in doing so will not violate any other agreement to which you are a party.
4.2 In order to use some features of the Site, you will need to register for an account and provide information about yourself, including your full name, address, phone number, email address, date of birth, preferred store, demographic information, work history and qualification/training information and you must select a password. You agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account credentials; (d) not share your account credentials with others; and (e) promptly notify HGG if you discover or otherwise suspect any security breaches related to the Site. You are solely responsible for the use of your account credentials and for all charges incurred when using your account. We reserve the right to suspend or terminate your account at any time, with or without notice to you.
5. OWNERSHIP, LICENSE ANDRESTRICTIONS ON USE.
5.1 HGG provides all information on the Site (together with all content and the underlying source HTML files that implement the hypertext features) exclusively under these Terms and all applicable laws. Unless otherwise indicated, all right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the Site belongs to HGG, its licensors, or suppliers. In addition, the names, images, pictures, logos, and icons identifying HGG’ products and services are proprietary or licensed marks of HGG, its licensors, or suppliers. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel, or otherwise, under copyright, trademark or other intellectual property rights.
5.2 You are hereby granted a personal non-exclusive, non-transferable, limited license to view the Site, and to download and/or print insignificant portions of materials retrieved from the Site provided (a)it is used only for informational, non-commercial purposes; and (b) you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of the Site, including but not limited to materials retrieved therefrom or the underlying code, may be reproduced, republished, reverse-engineered, copied, uploaded, downloaded, displayed, modified, licensed, transmitted, or distributed in any form or by any means or for any commercial purpose, without express written permission of HGG. Nothing herein transfers any right or license to the underlying code of any of the Site.
5.3 By submitting User Content (as defined below), you automatically grant HGG a world-wide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable, right and license to use, record, sell, lease, reproduce, distribute, create derivative works from, publicly display or perform, transmit, publish, and otherwise exploit the UserContent, in whole or part as HGG deems appropriate including, but not limited to, in connection with HGG’ or its subsidiaries’ or affiliates’ businesses.
5.4 The Site may be used only for lawful purposes by individuals using authorized services of HGG. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through theSite. HGG specifically prohibits any use of the Site, and requires all users to agree not to use the Site for any of the following: (a) Posting any information which is incomplete, false, inaccurate or not your own; (b) Impersonating another person; (c) Constituting, engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol; (d) Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it; (e) Posting material that reveals trade secrets; (f) Posting material that infringes on any other intellectual property, privacy, or publicity right of another; (g) Transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of United States export control laws; or (h) Attempting to interfere in any way with the Site’s or HGG’ networks or network-security or attempting to use the Site’s service to gain unauthorized access to any other computer system.
5.5 Violations of system or network security may result in civil or criminal liability. HGG will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (a) Gaining access to data not intended for such user or logging into a server or account which 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”, “mail bombing,” or “crashing”; or (d) Sending unsolicited e-mail, including promotions and/or advertising of products or services, forging anyTCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
6. MODIFICATION,SUSPENSION, AND TERMINATION.
6.1 HGG may modify, suspend or discontinue any part of the Site or any Offerings at any time in our sole discretion without notice or liability.
6.2 HGG reserves the right, without notice and in our sole discretion, to suspend or terminate your account or your use of the Site orOfferings and to block or prevent your future access to and use of the Site or Offerings. Upon any such termination, your limited license to use the Site will be revoked and your right to use the Site or Offerings shall immediately cease.
6.3 In the event of any termination, all provisions of theseTerms, all representations and warranties and disclaimers of warranties, all limitations of liability, and all rights to indemnity shall survive such termination. You agree that we shall not be liable to you or any third party for any suspension or termination of your access to the Site or Offerings.
7. LINKS TO THIRD PARTY SITES.
8.1 THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS ANDHGG EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION. HGG DOES NOT WARRANT OR REPRESENT THAT ANY MATERIAL ON THE WEBSITES IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. HGG MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
8.2 HGG disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions from the Site, including but not limited to technical inaccuracies and typographical errors, (b) any third-party websites or content therein directly or indirectly accessed through links in the Site, including but not limited to any errors in or omissions therefrom,(c) the unavailability of the Site or any portion thereof, (d) your use of the Site, or (e) your use of any equipment or software in connection with the Site.
9. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER(INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) INANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (I) YOUR ACCESSOR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE; (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, DEFICIENCIES, OR OTHER INACCURACIES IN THE SITE; (IV) ANY UNAUTHORIZED ACCESS TO, OR USE, DISCLOSURE OR ALTERATION OF, YOUR TRANSMISSIONS OF DATA INCLUDING, WITHOUT LIMITATION, YOUR PERSONAL INFORMATION OR CARD HOLDER DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR (VI) ANY OTHER MATTER RELATED TO THE SITE, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY EVEN IF A COVERED PARTY OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. “Covered Party” means HGG, its affiliates and subsidiaries, and each of its officers, directors, employees, subcontractors, agents, successors, or assigns of any of them.
10. PRODUCT & SERVICE AVAILABILITY.
The Site may contain references or cross references to products and services that are not available in every location.
You agree to defend, indemnify, and hold harmless HGG, and its affiliates and subsidiaries and all of its/their respective officers, directors, employees, owners, agents, information providers, licensors and licensees, from and against any and all liabilities, losses, damages, expenses, and costs (including reasonable attorney fees) incurred in connection with any third-party claim, complaint, suit or cause of action arising from your conduct in connection with accessing and/or using any of the Site or your breach of these Terms. This provision does not apply to acts of HGG. You shall cooperate with HGG any in the defense of any such claim. HGG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. Some jurisdictions limit consumer indemnities, so some portions or all of this indemnity provision may not apply to you.
12. ENTIRE AGREEMENT; SEVERABILITY.
These Terms constitute the entire agreement with respect to your access to and use of the Site. You may also be subject to additional terms and conditions that may be applicable to certain parts of the Site. If any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. Notwithstanding the foregoing, under no circumstances do the parties agree to arbitration on a class-wide basis. If a court refuses to enforce the waiver of class-wide arbitration, the entire arbitration provision shall be unenforceable, and any claims brought on behalf of a putative class will proceed in court.
Any communication or other information sent to HGG via electronic mail or otherwise in connection with your use of the Site, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by HGG for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to HGG.
14. ELECTRONIC COMMUNICATIONS OPT-IN.
When you visit the Site or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email orby posting notices on the Site. If you contact us by email, telephone, facsimile or similar electronic communication service, you consent to our use of the same communication method, and/or any email address or telephone number you provide in contacting us, to respond to your contact. In addition, if you register or create an Account on the Site, you consent to our use of the contact information provided in that process to contact you regarding your Account. HGG reserves the right to send you emails relating to your Account or use of its services, such as administrative and service announcements or if we suspect fraud, and these messages may be unaffected if you choose to opt out from receiving marketing emails. You can opt out of receiving our sales and marketing emails at any time by following the unsubscribe instructions in those emails. This will not affect subsequent subscriptions and if your opt-in is limited to certain types of emails, the opt-out will also be so limited. You may be given the opportunity to opt-in to recurring message programs which provide updates regarding product and service information/availability, marketing messages and promotional offers. These marketing messages may be autodialed, prerecorded or promotional and may be delivered via voice or text. You may opt out of receiving text messages at any time by replying “STOP” to the message. You may receive one confirming text. Message and data rates may apply. You may opt out of any voice telephone message program by following the directions provided during the telephone call.
15. HGG TRADEMARKS, SERVICE MARKS, AND TRADE DRESS.
HGG and other related marks, design marks, product names, feature names, and related logos used on the Site are trademarks of HGG and may not be used, copied or imitated, in whole or in part, without the express prior written permission of HGG. In addition, the look and feel of the Site constitutes the trade dress and/or service mark/trademark of HGG and may not be copied imitated or used, in whole or in part, without the express prior written permission of HGG. HGG’ trademarks, service marks, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion among consumers, or in any manner that disparages HGG or suggests a sponsorship, affiliation, or endorsement by HGG. All non-HGG trademarks, service marks, logos, trade dress, domain names, and trade names are the properties of their respective owners.
16. LINKS TO HGG WEB PAGES.
16.1 HGG permits links to the Site provided (a) you do not remove or obscure, by framing or otherwise, any content, including but not limited to the copyright notice and other notices; (b) you do not directly or indirectly cause any portion of the Site to appear on a user’s computer screen with any material (e.g. URL, text, graphics, pop-up window, audio or other) supplied by or associated with you or a third party; (c) you give HGG notice of all such links by sending an e-mail to firstname.lastname@example.org; and (d) you discontinue providing links to the Site if notified by HGG.
16.2 When linking to the Site, you may use one or more HGG logos(“Logos”) as a link anchor. All Logos are trademarks of HGG and HGG retains all rights in them. HGG grants you a limited, revocable license to use the Logos solely as a link anchor for linking to HGG web pages as provided above and for no other purpose. The Logos cannot be altered or modified other than to make them larger or smaller. Except for the limited license provided above, HGG does not grant, by implication, estoppel, or otherwise, any license to use any trademark, copyrighted materials, or other proprietary materials displayed on the Site and any other use is strictly prohibited.
17. USER CONTENT.
17.1 HGG may, now or in the future, allow users to post, upload, transmit through, or otherwise make available on the Site (collectively,“submit”) messages, receipts, text, illustrations, personal stories, reviews, illustrations, files, graphics, photos, comments, sounds, music, videos, information, content, or other materials (“User Content”). HGG is not responsible for User Content for any links or images embedded in the User Content, or for the results obtained by using the User Content. HGG does not endorse or warrant, and is not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement contained in User Content. Under no circumstances will HGG be liable for any loss or damage caused by reliance on the Site, User Content or information or materials obtained through User Content.
17.2 You shall not submit any User Content that is protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, or property right of a third party without the owner’s express permission. You are solely liable for any damages resulting from your failure to obtain consent.
17.3 You shall not submit content that (a) violates or infringes the rights of others; (b) is unlawful, defamatory, threatening, harassing, abusive, libelous, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, lewd, lascivious, excessively violent, or otherwise objectionable; (c) encourages criminal conduct or conduct that gives use to civil liability or otherwise violates any law; (d) advertises goods or services; (e) solicits funds; (f) contains instructions, formulas, or advice that could harm or injure; or (g) is a chain letter of any kind.
17.4 User Content, including any personally identifiable information (including as name, address, telephone number, or email address), submitted is accessible to other users, including people you may not know.Making this information available may result in receiving unsolicited emails or of other users sharing your information. You should use discretion when communicating with others or disclosing personal information. HGG has no control over and shall have no liability for any damages resulting from the use or misuse by any third-party of information that you make public by submitting it. If you choose to make personally identifiable information available, you do so at your own risk.
17.5 HGG has the right, but not the obligation, to monitor UserContent. We reserve the right not to post or take down any User Content. We do not have an obligation to post, maintain, screen, or otherwise use User Content. We may discontinue the ability to submit User Content in the sole discretion of HGG.
17.6 The User is responsible for evaluating the accuracy, timeliness, and completeness of all content on the Site, including UserContent.
18. GOVERNING LAWS IN CASE OF DISPUTE; ARBITRATION; JURISDICTION.
18.1 RESOLUTION OF CLAIMS OR DISPUTES. Except for claims arising or relating to the infringement of any of HGG’ intellectual property, any claim or dispute between you and HGG arising out of or relating in any way to your use of the Site or the Terms must be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a warranty, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory.
18.2 WAIVER OF RIGHT TO BRING CLAIMS IN COURT AND TO HAVE THEM HEARD BY A JUDGE AND JURY. You specifically acknowledge and agree that you waive the right to bring a lawsuit IN COURT based on ANY claims or disputes arising out of or relating in any way to your use of the Site or the Terms, and to have such lawsuit resolved by a judge or jury TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
18.3 LIMITATION OF LEGAL REMEDIES. All arbitrations under theTerms shall be conducted on an individual (not a class-wide) basis, and an arbitrator shall have no authority to certify a class or award class-wide relief. You acknowledge and agree that with regard to any claims relating in any way to the Site, you may not seek to, and an arbitrator or court may not, join or consolidate your claims with any other similar claims and you agree you will not proceed in any court or arbitration proceedings as a representative of others, join in any court or arbitration proceedings brought by any other person, and understand that you may not be included as a member of any class that may be certified by a court or arbitrator. Your waivers of your rights to bring or participate court proceedings and as a representative or member of a class applies specifically, but is not limited to, claims brought underCalifornia’s Unfair Competition Law, False Advertising Act and its ConsumerLegal Remedies Act, and any other state consumer protection laws.
18.4 ARBITRATION PROCEDURES.
18.4.1 Before commencing any arbitration proceedings under theTerms, you must first present your claims or disputes to HGG by calling 1-(909)923-7426 and asking for the customer service department and allowing HGG the opportunity to resolve the claim(s) or dispute(s). If your claim(s) or dispute(s) are not resolved within sixty (60) days, you may commence arbitration proceedings in accordance with the Terms.
18.4.2 The arbitration of any claim or dispute hereunder shall be conducted pursuant to the American Arbitration Association’s (“AAA”) UnitedStates Commercial Dispute Resolution Procedures, which are available by calling the AAA, at 1-800-778-7879, or by visiting its website at www.adr.org.
18.4.3 The arbitration of any claims or disputes hereunder shall be conducted in San Bernardino County, California.
18.4.4 All administrative expenses of arbitration proceedings commenced hereunder shall be paid by HGG.
18.5 ATTORNEYS FEES. You acknowledge and agree that each party shall pay the fees and costs of its own attorneys, experts, and witnesses incurred in connection with any arbitration or court proceeding between the parties notwithstanding any prevailing parties attorneys’ fees provision a part of any statute under which you may bring a claim.
18.6 CHOICE OF LAW. The Terms shall be governed by the UnitedStates Federal Arbitration Act and the laws of the state of California. The validity, effect, and enforceability of the arbitration provisions of the Terms and of the waiver of class action lawsuit and waiver of class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by an arbitrator.
19. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
19.1 If you believe your work has been copied on the Site in a way that constitutes copyright infringement, please send our Copyright Agent a written notification (“the Infringement Notification”) containing all the following information: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single Infringement Notice, a representative list of such works at that site; (c) 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; Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an email address; (d) A statement 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 (e) A statement that the information in theInfringement Notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
19.2 HGG’ Copyright Agent for notice of claims of copyright infringement on or relating to the Site can be reached as follows:
2501 East Guasti Road
Ontario, CA 91761
Tel: (909) 923-7426
Fax: (909) 923-4665
With a copy to:
2501 East Guasti Road
Ontario, CA 91761
Attention: Legal Department
20. NOTICE TO CALIFORNIACONSUMERS.
20.2 If you have a complaint or question regarding the Site, please contact us by phone toll-free at 1-888-552-5591, Monday through Friday,8 a.m. to 5 p.m. Pacific Time, except federal holidays. For your reference, theComplaint Assistance Unit of the Division of the Consumer Services of TheDepartment of Consumer Affairs may be contacted in writing at 400 R Street,Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
21. GENERAL INFORMATION.
21.1 You agree that no joint venture, partnership, employment, or agency relationship exists between HGG and you as a result of this Agreement or your use of the Site.
21.2 Any claim or cause of action you may have with respect to HGG or the Site must be commenced within one (1) year after the claim or cause of action arose. All claims must be resolved using the procedures set forth above.
21.3 The failure of HGG to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
21.4 You may not assign the Terms or any of your rights or obligations under the Terms without HGG’ express written consent.