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Heartland Food Products Group Terms of Service

Last Modified: January 27, 2017

OVERVIEW

This SPLENDA® Brand Store is operated by Heartland Food Products Group, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Heartland Food Products Group, LLC.  Any purchase made through the SPLENDA® Brand Store is subject to your acceptance of all terms, conditions, policies and notices stated in these Terms of Purchase, including, without limitation, those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Purchase apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

If you do not agree to all the terms and conditions of this agreement and our Privacy Policy, Legal Notice, then you may not make any purchase through the SPLENDA® Brand Store. If these Terms of Purchase are considered an offer, acceptance is expressly limited to these Terms of Purchase.  Your receipt of an order confirmation does not constitute the acceptance of your order. 

Any new features or tools which are added to the SPLENDA® Brand Store shall also be subject to the Terms of Purchase. You can review the most current version of the Terms of Purchase at any time on this page.  We reserve the right to update, change or replace any part of these Terms of Purchase by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Purchase, you represent that you are at least 18 years old and a resident of the United States.

You may not use our products (the “Products”) for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction.

SECTION 2 - GENERAL CONDITIONS

You understand that your submissions (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  Credit card information will be encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the SPLENDA® Brand Store, without express written permission by us.  All trademarks used in the SPLENDA® Brand Store are the property of us, our affiliates or our suppliers.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on the SPLENDA® Brand Store is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.  We do not guarantee the availability of any Products at any time.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SPLENDA® BRAND STORE AND PRICES

Prices for our Products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Products (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products.

SECTION 5 - PRODUCTS AND RETURNS

Certain Products may be available exclusively online through the SPLENDA® Brand Store. These Products may have limited quantities and are subject to return or exchange only according to our SPLENDA® Brand Store FAQs.  We do not take title to returned items until the item arrives at our return facility. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.

We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of Products and pricing are subject to change at any time without notice, at the sole discretion of us. Any offer for any product or service made on this site is void where prohibited.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - PAYMENT, TITLE, RISK OF LOSS, TAXES AND SHIPPING

Payment for all purchases is due in full at the time of your order.  Cost for shipping, handling, transportation and insurance will be as stated at the time of purchase and apply to all direct to consumer orders.   Title for all Products purchased passes to you upon our tendering your order to the postal service, a courier or a common carrier.  Risk of loss or damage to Products in transit is yours and passes to you upon delivery of the Product to the carrier for shipment. You are responsible for filing a claim with the carrier if your Products are damaged or lost in transit.

You are solely responsible for any applicable state, local, or similar taxes that result from your purchase of Products from us. We may automatically charge and withhold the applicable sales tax for orders for any states and localities that we deems are required.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our SPLENDA® Brand Store may include materials from third-parties.

Third-party links in the SPLENDA® Brand Store may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you provide to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Purchase or our Legal Notice.

You warrant that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further warrant that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Products or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Products that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Products or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the SPLENDA® Brand Store or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the SPLENDA® Brand Store or on any related website, should be taken to indicate that all information in the SPLENDA® Brand Store or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Purchase, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the SPLENDA® Brand Store or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the SPLENDA® Brand Store or any related website, other websites, or the Internet. We reserve the right to terminate your use of the SPLENDA® Brand Store or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THIS SITE AND THE PRODUCTS AVAILABLE THEREIN ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, THE SPLENDA® BRAND STORE, OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE.  SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW.  YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.

IN NO EVENT SHALL HEARTLAND FOOD PRODUCTS GROUP, LLC OR ANY OF ITS PARENTS OR AFFILIATED ENTITIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF PURCHASE OR THE PRODUCTS, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE PRODUCTS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF SUCH ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, OUR TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF PURCHASE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS SITE OR THE PRODUCTS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) US DOLLARS.

THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR US TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY US, WE WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.

SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless us and our parents, subsidiaries, and affiliates, and each of their respective partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including, without limitation, reasonable attorneys’ fees and costs, arising from or relating to any claim or demand made by any third-party due to or arising out of your breach of these Terms of Purchase or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Purchase is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Purchase, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Purchase are effective unless and until terminated by either you or us. You may terminate these Terms of Purchase at any time by notifying us that you no longer wish to use our SPLENDA® Brand Store and by you cease use of our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Purchase, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our SPLENDA® Brand Store (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Purchase shall not constitute a waiver of such right or provision.

These Terms of Purchase and any policies or operating rules posted by us on this site or in respect to the SPLENDA® Brand Store constitutes the entire agreement and understanding between you and us and govern your use of the SPLENDA® Brand Store, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Purchase).

Any ambiguities in the interpretation of these Terms of Purchase shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Purchase and any separate agreements whereby we provide you Products shall be governed by and construed in accordance with the laws of State of Indiana and the United States of America.

SECTION 19 - CHANGES TO TERMS OF PURCHASE

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Purchase by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Products following the posting of any changes to these Terms of Purchase constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Purchase should be sent to us at [email protected] or via the contact information in our Privacy Policy.

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