Hornbacher’s, a subsidiary of SUPERVALU INC., operates this website (the "Site") to provide online access to information about Hornbacher’s and products and services offered by it, as well as other information of general interest to its customers, and to provide certain online services (the providing of such access and services is collectively called “the Service").
The Service, the Site, and all information and/or contents that you see, hear, or otherwise experience on the Site (the "Contents") are protected by U.S. and international copyright, trademark, and other laws, and belong to Hornbacher’s, to its parent companies, subsidiaries, affiliates, partners, or contributors, or to third parties.
Hornbacher’s grants you a personal, non-exclusive, non-transferable license to use the Site, the Service, and the Contents and to download, print and store portions of the Contents that you select; provided, however, that you: (1) use those portions of the Contents only for your own personal, non-commercial use; (2) do not copy or post the Contents on any network computer or transmit, distribute, publish or broadcast the Contents in any media; and (3) do not modify or alter the Contents in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Contents or materials is transferred to you as a result of this license. Hornbacher’s reserves complete title and full intellectual-property rights in any Contents you download from the Site, subject to the limited license set forth herein for you to make personal, non-commercial use of the Contents.
You may not mirror or frame the home page or any other pages of this Site on any other website or webpage. You may not connect "deep links" to the Site, or in other words create links to this site that bypass the home page or other parts of the Site. You may not use any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.
2.2 Shopper Registration. You agree to complete the initial registration process for Hornbacher’s online shopping service according to the requirements stated on the Site, providing accurate and complete information, including, but not limited to, your e-mail address. As part of the initial registration process, you must choose a password to use when accessing the online shopping service. For your protection, you must keep your password secret. You must immediately notify Hornbacher’s if you learn or suspect that the security of your password has been breached.
2.3 Shopper Information Changes. You are responsible for updating your registration information, billing information, and delivery information, as applicable.
2.5 Product Prices, Taxes, and Other Charges. If Hornbacher’s accepts your order, you will be charged for the Products you select at the prices in effect on the date your order is delivered, regardless of the prices quoted to you when you submitted your order online. Should an item be substituted, as provided below, for a Product that you selected, you will be charged the price for the item substituted or the price for the Product that you selected, whichever is less. If you select a Product that is sold by weight, you will be charged for that Product based on its actual weight , although Hornbacher’s will try to come as close as is reasonably possible to the weight you requested. You are responsible for paying all applicable sales taxes, use taxes, or any other taxes or governmental assessments on your purchases of Products (“Taxes”), and you will be charged for those Taxes. You may also be charged a shopping fee, delivery charge, and other charges at the amounts quoted to you when you submit your order. Hornbacher’s reserves the right, at any time and without notice, to change Product prices, shopping fees, delivery charges, and any other charges having to do with its online shopping service and to add other fees and charges.
2.6 Payment. The total amount to be paid by you for your order will be the sum of the prices for the Products you select and all applicable Taxes, shopping fees, delivery charges, and other charges. Your payment for that total amount is due upon delivery. Payment for online shopping orders must be made by a credit card accepted by Hornbacher’s. Cash, checks, coupons, and WIC vouchers will not be accepted as payment for online orders.
2.7 Substitution Policy. Although Hornbacher’s will usually have enough inventory to fill your order, occasionally some Products may be temporarily unavailable. Hornbacher’s does not warrant that Products will be available at all times, and it will not have any liability to you if any Product you order is unavailable. If a Product that you have selected is unavailable and you have indicated on your order form that you are willing to accept substitutions, then Hornbacher’s, acting in its sole discretion, may substitute a Product that is reasonably similar to the Product you selected. In making substitutions, Hornbacher’s will make a reasonable effort to follow any instructions given by you in the “General Comments/Instructions” field on the order form.
2.8 Delivery. If Hornbacher’s accepts your online order, Hornbacher’s or its agent shall deliver those Products to you at the location designated by you in your order form. Hornbacher’s, acting in its sole discretion and without notice, reserves the right to change at any time the locations from which deliveries will be made and the areas within which it will deliver Products purchased through Hornbacher’s online shopping service. Upon delivery, you must show proof of your identity with documentation that is acceptable to Hornbacher’s, in its sole discretion.
2.9 Hornbacher’s Satisfaction Guarantee. If you are not satisfied with any Product purchased by you through Hornbacher’s online shopping service for any reason, you should inform Hornbacher’s of that fact when the Product is delivered to you or call Hornbacher’s Customer Service at 1 701-526-5526 or 1-701-280-1999 and, subject to the conditions set forth in this section, Hornbacher’s will give you, as your sole remedy, a refund in an amount equal to the price of the Product, plus applicable Taxes. As a condition of giving you a refund for a Product, we may require you, acting in our sole discretion, to return the Product to Hornbacher’s at a location designated by Hornbacher’s within two calendar days from the delivery date in the case of produce Products, within seven calendar days from the delivery date in the case of perishable meat and dairy Products, and within 30 days from the delivery date in the case of all other Products. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, HORNBACHER’S DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ABOUT PRODUCTS OFFERED FOR SALE OR PURCHASED THROUGH HORNBACHER’S ONLINE SHOPPING SERVICE OR HORNBACHER’S ONLINE SHOPPING SERVICE ITSELF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. THIS DISCLAIMER DOES NOT APPLY, HOWEVER, TO ANY PRODUCT WARRANTY THAT MAY BE OFFERED BY THE MANUFACTURER OF A PRODUCT.
2.10 Communications. Hornbacher’s will conclusively presume that online communications received from you through your use of the online order form and registration process are accurate, complete, and authorized by you as received by Hornbacher’s. You agree not to contest the validity and binding legal effect of those communications.
2.11 Product Information. Any nutritional information or other information on the Site about Products is provided by Hornbacher’s “AS IS”, and Hornbacher’s makes no warranties about the accuracy or completeness of that information. If you rely on that information, you do so at your own risk. If you have any questions about a Product, you should contact the manufacturer.
2.12 Coupons. You may not use manufacturers’ coupons for Products purchased by you through Hornbacher’s online shopping service. You may use, however, store coupons published in Hornbacher’s weekly advertising circular.
2.13 Age. You must be at least 18 years old to use Hornbacher’s online shopping service.
2.14 Right to Refuse Service. Hornbacher’s, acting in its sole discretion, without notice, may refuse at any time to allow any person to use its online shopping service and may terminate at any time any person’s use of its online shopping service.
2.15 Online Shopping Not Available in All Areas. Hornbacher’s online shopping service may not be available for all items or in all markets or areas. Hornbacher’s, acting in its sole discretion, may discontinue its online shopping service for any item or in any market or area, without giving you notice.
3.1 Health Information. The Contents are for informational purposes only. None of the Contents is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or change in health. Never disregard or delay in seeking professional medical advice because of something you have read on the Site. The Site does not recommend or endorse any specific tests, products, procedures, methods, opinions or other information that may be mentioned on the Site. Reliance on any information provided by or otherwise appearing on the Site is solely at your own risk.
3.2 Nutritional Information. If Hornbacher’s provides nutritional information about recipes on the Site, that information is based on the ingredients and cooking techniques as listed in the recipe, and does not include optional ingredients or garnishes. Nutritional values represented are composite averages and may vary according to freshness, variety, or differences in preparation. Altering cooking methods or substituting any ingredients may change the posted nutrition information significantly. Hornbacher’s does not warrant the recipes contained on the Site or the results of preparing the recipes.
3.3 Food Safety Information. The Site may provide information about safe food handling and preparation methods. This information is not intended to be comprehensive and should not be substituted for information available from your local Department of Health or other government sources.
3.5 Third Party Contents. The Site may contain information or contents provided by users of the Site and other parties not related to Hornbacher’s. The presence of such third party information and contents does not constitute or imply an endorsement, sponsorship, or recommendation by Hornbacher’s of the third party or such information or contents. You acknowledge and agree that Hornbacher’s is not responsible for the availability of any such information or contents and that Hornbacher’s does not endorse or warrant, and is not responsible or liable for, any such information or contents.
3.6 Downloading Files. Hornbacher’s cannot and does not guarantee or warrant that files available for downloading through the Site will be free from infection by software viruses or other harmful computer code, files or programs. All risk as to the quality and performance of the Site and the Service and the accuracy of the Contents shall be borne solely by you.
3.7 Promotional Offers. From time to time the Site may provide information about promotional offers that Hornbacher’s sponsors, alone or in connection with others. It is not always possible to include all the details concerning such programs on the Site. Detailed information about such programs will be available at your participating Hornbacher’s locations and Hornbacher’s encourages you to review this information before participating in any promotional programs. Promotional offers are subject to local law and are void where prohibited.
3.8 International Use. Hornbacher’s makes no representation that the Contents are applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents, and online conduct.
Hornbacher’s, acting in its sole discretion, may change or discontinue all or part of the Site, including any or all of the Contents or the Service, at any time, without giving you notice.
Hornbacher’s, acting in its sole discretion, without notice, may deny any person access to, or use of, all or part of the Site, including any or all of the Contents or the Service, and may terminate any person’s access to, or use of, all or part of the Site, including any or all of the Contents or the Service.
HORNBACHER’S MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE, OR THE CONTENTS. HORNBACHER’S EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT WITH REGARD TO THE SITE, THE SERVICE, AND THE CONTENTS. HORNBACHER’S DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. HORNBACHER’S DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENTS, OR THAT ANY ERRORS IN THE CONTENTS WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN SECTION 2.9 (“HORNBACHER’S SATISFACTION GUARANTEE”), YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL HORNBACHER’S BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF, OR HAVING TO DO WITH, (I) THE USE OF, OR INABILITY TO USE, THE SITE, THE SERVICE, OR THE CONTENTS, (II) ANY TRANSACTION CONDUCTED THROUGH, OR FACILITATED BY, THE SITE, (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENTS, (IV) ANY UNAUTHORIZED ACCESS TO, OR USE, DISCLOSURE, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA, INCLUDING, WITHOUT LIMITATION, YOUR PERSONAL HEALTH INFORMATION OR CARDHOLDER DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (VI) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENTS, EVEN IF HORNBACHER’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, HORNBACHER’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT IN NO EVENT SHALL HORNBACHER’S LIABILITY EXCEED $100.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Hornbacher’s, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, and agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Contents, or any violation by you of the Agreement.
You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others, impose an abnormal or unreasonable burden on the hardware or software infrastructure for the Site, or otherwise cause damage to the Site or the Contents. You agree not to add to, subtract from, or otherwise modify the Contents. You agree not to use the Site in any manner that might violate or infringe the rights of any person or entity.
You may not submit or post any materials to the Site if doing so would be unlawful or would violate or infringe the rights of any person or entity. If you submit or post any materials to the Site, you guarantee to Hornbacher’s that you have the legal right to submit or post such materials and that submitting or posting such materials will not violate any law or the rights of any person or entity. You may not submit or post any materials to the Site that (a) are defamatory, obscene, pornographic, vulgar, threatening, harassing, violent, or otherwise objectionable; (b) encourage unlawful, tortious, or unsafe conduct; (c) advertise goods or services; (d) solicit funds; (e) advocate for any political candidate or position; or (f) are chain letters, mass mailings, or “spam”. By submitting or posting materials to the Site, you give Hornbacher’s the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from such materials, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
Hornbacher’s has the right, but not the obligation, to screen materials submitted or posted to the Site by third parties, and to remove or edit any such materials for any reason and without notice.
If you believe your work has been copied on the Site in a way that constitutes copyright infringement, please send Hornbacher’s Copyright Agent a written notification (“the Infringement Notification”) containing all the following information:
12.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
12.2 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;
12.3 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 Hornbacher’s to locate the material;
12.4 Information reasonably sufficient to permit Hornbacher’s to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
12.5 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
12.6 A statement that the information in the Infringement 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.
Hornbacher’s Copyright Agent for notice of claims of copyright infringement on or relating to the Site can be reached as follows:
c/o SUPERVALU INC.
Attn: Legal Department
11840 Valley View Rd.
Eden Prairie, MN 55344
Telephone: (952) 828-4000
FAX: (952) 828-4403
13.1 Entire Agreement/No Waiver. The Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by Hornbacher’s of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
13.2 Correction of Errors and Inaccuracies. The Contents may contain typographical errors or other errors or inaccuracies and may not be complete or current. Hornbacher’s therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Contents at any time without prior notice. Hornbacher’s does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
13.3 Severability. Whenever possible, each provision of the Agreement shall be interpreted so as to be effective and valid under applicable law. If, however, any provision of the Agreement is held to be prohibited by, or invalid under, applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the other provisions of the Agreement.
13.4 Enforcement/Choice of Law. If any part of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of the Agreement, all of which will remain in full force and effect. The Agreement shall be governed by, and will be interpreted according to, the laws of the State of Minnesota, U.S.A., without regard to any conflict-of-laws provisions.
13.5 Dispute Resolution/Choice of Forum. Any controversy, claim, or dispute of whatever nature arising between the parties (a “Dispute”), including, without limitation, a Dispute arising out of, or having to do with the Site, including any Contents or Service, or the Agreement, shall be resolved by mediation or, failing mediation, by binding arbitration. This agreement to mediate or arbitrate shall continue in full force and effect despite the expiration, rescission, or termination of the Agreement. Either party may begin the mediation process by giving a written notice to the other party setting forth the nature of the Dispute. The parties shall attempt in good faith to resolve the Dispute by mediation within 60 days of receipt of that notice. If the Dispute has not been resolved by mediation as provided above, or if a party fails to participate in a mediation, then the Dispute shall be resolved by binding arbitration in Minneapolis, Minnesota. The arbitration shall be undertaken pursuant to the substantive laws of the State of Minnesota and the Federal Arbitration Act, and the decision of the arbitrator(s) shall be enforceable in any court of competent jurisdiction. The parties knowingly and voluntarily waive their rights to have their dispute tried and adjudicated by a judge or jury. Any party may demand arbitration as provided above by sending written notice to the other party. The arbitration and the selection of the arbitrator(s) shall be conducted in accordance with such rules as may be agreed upon by the parties, or, failing agreement within 30 days after arbitration is demanded, under the Commercial Arbitration Rules of the American Arbitration Association, as such rules may be modified by this agreement. In any Dispute which involves more than $1,000,000 in damages, three arbitrators shall be used. Unless the parties agree otherwise, they shall be limited in their discovery to directly relevant documents. The arbitrator(s) shall resolve any discovery disputes. The arbitrator(s) shall have the authority to award actual money damages (with interest on unpaid amounts from the date due), specific performance, and temporary injunctive relief, but the arbitrator(s) shall not have the authority to award exemplary or punitive damages, and the parties expressly waive any claimed right to receive money damages in excess of its actual compensatory damages. The costs of arbitration, but not the costs and expenses of the parties, shall be shared equally by the parties. If a party fails to proceed with arbitration, unsuccessfully challenges the arbitration award, or fails to comply with the arbitration award, the other party is entitled to costs, including reasonable attorney's fees, for having to compel arbitration or defend or enforce the award. Except as otherwise required by law, the parties agree to maintain as confidential all information or documents obtained during the arbitration process, including the resolution of the Dispute. Notwithstanding the above, the parties recognize that certain business relationships could give rise to the need for one or more of the parties to seek emergency, provisional, or summary relief. Immediately following the issuance of any such relief, the parties agree to the stay of any judicial proceedings pending mediation or arbitration of all underlying Disputes. Any Disputes as to rights to injunctive relief or rights relating to intellectual property or confidentiality obligations will be venued in a state or federal court situated in Minneapolis, Minnesota, U.S.A., and you hereby irrevocably submit to the personal jurisdiction of such courts for such purpose.
If you have questions about the Agreement or the Site or want more information, please get in touch with Hornbacher’s Customer Service by mail, e-mail, or telephone as follows:
Customer Interaction Center
Attn: Customer Service
250 Parkcenter Blvd.
Boise, ID 83706
Date of Last Modification: October 15, 2011
© 2011 Hornbacher's and SUPERVALU INC. All rights reserved.