PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
These Terms and Conditions Apply to the Website and Promotional Programs
Your use of the website having the URL of www.meijer.com and operated by MeijerEcom, Inc. (the "Website") and/or your participation in the promotional programs including, but not limited to, mPerks, text alerts, voice messaging alerts, email messaging, couponing, postal mailers, and sweepstakes ("Promotional Programs") sponsored by MeijerEcom, Inc., Meijer, Inc., or one of their affiliates (collectively, "Meijer") are governed by these Terms and Conditions (these "Terms"). In addition to these Terms, Promotional Programs may also have additional terms, conditions, or restrictions that apply exclusively to the particular Promotional Program and to the extent that there is a conflict between these Terms and the terms, conditions or restrictions particular to a Promotional Program, the terms, conditions or restrictions of a particular Promotional Program will govern.
By accessing, browsing, or otherwise using the Website or participating in any of the Promotional Programs, you acknowledge and agree that these Terms apply to your use and/or participation and you agree to comply with these Terms when using the Website or while participating in any of our Promotional Programs. If you do not agree to be bound by these Terms each time that you use the Website or when you participate in Promotional Programs, or if you do not have the authority or capability to agree to or accept these Terms, you may not use the Website or participate in the Promotional Programs.
These Terms May Change
MeijerEcom reserves the right to modify these Terms at any time without prior notice. Your use of the Website or participation in the Promotional Programs following any such change constitutes your agreement to follow and be bound by these Terms as so modified. Accordingly, you should review these Terms for changes whenever you use the Website.
Intellectual Property
All of the content that you see and hear on the Website or in the Promotional Programs, including text, graphics, logos, designs, page headers, page footers, images, illustrations, audio clips, and video clips (collectively, the "Content"), is owned by Meijer, or third parties who have licensed the Content to Meijer. The Website as a whole is copyrighted as a collective work under U.S. copyright law, and MeijerEcom owns the copyright in the selection, coordination, arrangement, and enhancement of the Content. The Content is protected by United States and international copyright, trademark, and other laws. The Content specifically includes, but is not limited to, the following registered trademarks or service marks: MEIJER®, GFM®, SHOP FOR MORESM, HIGHER STANDARDS, LOWER PRICESSM, and MEIJER COMMUNITY REWARDSSM.
The Content is intended for your personal and noncommercial use only. You may not copy, reproduce, distribute, republish, download, display, post, transmit, or create derivative works of or from the Content in any form or by any means, except as may be specifically permitted by these Terms, pursuant to Meijer's prior written consent, or the written consent of the respective intellectual property owner. In the event of such consent, you will acquire no right, title, or interest in any downloaded Content or other materials transferred to you by any means. MeijerEcom reserves complete title and full intellectual property rights in and to all materials downloaded from the Website.
Submission of Comments or Suggestions
Although we welcome your suggestions and comments concerning the Website and the Promotional Programs, all such communications, including original creative stories, Messages (as defined below), product ideas, and original artwork (collectively, "Comments"), submitted to Meijer will be and remain the exclusive property of Meijer. Your submission of any Comments will constitute an irrevocable and legally-enforceable assignment to Meijer of all your worldwide rights, title, and interests in all copyrights and other intellectual property rights in the Comments. Accordingly, Meijer will be entitled to use, reproduce, disclose, publish, and distribute any Comments that 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 irrevocably assign to us on the above terms.
Creative Submissions and Messages
As part of the Website and/or Promotional Programs, we may, from time to time, provide messaging tools for you to submit text, graphics, video content, or audio content (collectively, "Messages") to Meijer or to other persons through Meijer. In order for you to be qualified to send Messages, your Messages must not include obscene, profane, or threatening content, including material that could violate, or could facilitate the violation of, any applicable law, regulation, or Meijer rule or policy. Further, your Messages may not impersonate any person or entity or be profane, libelous, defamatory, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable. You represent and warrant that you have the full right and authority to submit your Messages to Meijer.
You agree that any Messages you submit are for non-commercial use only. You must provide your true email address in order to send your Messages. You understand that your Messages will be routed through the Internet and that we do not provide any privacy or security for the Messages.
You are solely responsible for the content of your Messages, and Meijer assumes no liability for these Messages. You grant Meijer the right to publish your Messages on the Website and through other media outlets. For any Messages we publish, we may, but are not required to, restrict or remove any and all content from any Message that we determine in our sole discretion, violates these guidelines or is otherwise harmful to us, other Meijer customers, or any other third party. We reserve the right to purge all Messages that you provide us after thirty (30) days of creation. You agree to defend, indemnify, and hold Meijer harmless from and against all third party claims, damages and expenses (including reasonable attorney's fees) against or incurred by Meijer arising out of any Messages you submit.
Correction of Errors and Inaccuracies; Limitations on Quantity; Returns
The information on the Website or in offers contained in Promotional Programs may contain typographical errors or inaccuracies, and may be incomplete or outdated. We therefore reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies, or omissions may relate to product description, pricing, and availability. In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the incorrect price. We also reserve the right to limit quantities (including after you have submitted your order). Further, Meijer reserves the right to discontinue or change any promotion or offer from a Promotional Program at any time, for any reason, and without notice. If you attempt to use a promotion or offer which has been discontinued or changed when you make a purchase on the Website or a Meijer physical store, no discount will be given on the product purchased.
We apologize for any inconvenience these changes may cause. Please see our FAQ for more details. If you are not fully satisfied with your purchase, you may return it with the original packing receipt (or visit Your Account, then Order History, and click on an order for return options) within 90 days of the order date (30 days for electronics). Certain products such as ammunition, opened music, movies, collector cards, and certain medical assistance devices have different return policies that are described in our Return Policy which can be found at the following link: www.meijer.com/Returns.cms.
Passwords and Security
If you use a password to access the Website or a Promotional Program, you are responsible for maintaining the confidentiality of the password and for restricting access to your Website or Promotional Program account, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify us immediately. We reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Website, the Promotional Programs, and your account, including without limitation, terminating your account, changing your password, or requesting information to authorize transactions on your accounts. Notwithstanding the above, we may rely on the authority of anyone accessing your accounts or using your passwords and in no event will Meijer be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of us under this provision, (ii) any compromise of the confidentiality of your accounts or passwords, and (iii) any unauthorized access to your accounts or use of your passwords. You agree to defend, indemnify and hold Meijer harmless from and against all third party claims, damages and expenses (including reasonable attorney's fees) against or incurred by Meijer arising out of your use or access of the Website, or any breach of these Terms and Conditions of Use.
Colors
Colors of the products for purchase on the Website are displayed as accurately as possible. Because the colors of products will look differently on different computer monitors, however, we cannot guarantee that your monitor's display of any color will be the same as the color of the product received.
Gift Cards
Terms and Conditions applicable to the purchase and use of Meijer Gift Cards are available at www3.meijer.com/gift_card_terms/gift_card_details.html. In the event of any conflict or inconsistency between the Gift Card Terms and Conditions and these Terms, you agree that the Gift Card Terms and Conditions will control.
Children
Only persons 18 years of age or older may purchase items from the Website or participate in Promotional Programs. If you are under 18, you may not purchase items from the Website or participate in Promotional Programs. If there is a violation of this prohibition, the minor's parent or legal guardian will be liable for such purchase or other violation. If you are a parent or guardian, you are charged with monitoring and supervising the use of the Website or Promotional Programs by minors under your care. You agree to be responsible for their use of the Website in all respects. Meijer reserves the right to reverse any purchase or promotion made by or given to a minor and the minor and his or her parent or legal guardian agree to fully cooperate with instructions given regarding the reversal. If a person under 18 years of age makes a purchase from the Website or participates in a Promotional Program, Meijer will not be deemed to have knowledge that it has collected personal or other information from a minor.
Links to Other Sites
Meijer makes no representations whatsoever about any other Website that you may access through this Website. When you access a non-Meijer site, please understand that it is independent from Meijer, and that Meijer has no control over the content on that Website. In addition, a hyperlink to a non-Meijer Website does not mean that Meijer endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Website, you do this entirely at your own risk.
DISCLAIMERS−GENERAL
THE WEBSITE IS OPERATED AND THE PROMOTIONAL PROGRAMS ARE RUN ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MEIJER DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEBSITE, THE PROMOTIONAL PROGRAMS, AND THEIR CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE GENERAL NATURE OF THIS DISCLAIMER:
MEIJER DOES NOT ENDORSE OR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THE WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THE WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.
MEIJER ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THE WEBSITE OR IN ANY OF THE PROMOTIONAL PROGRAMS.
DISCLAIMERS −− MeijerEcom HEALTH PAGES
THE INFORMATION CONTAINED IN THE WEBSITE'S HEALTH AND NUTRITION PAGES HAS BEEN DEVISED WITHOUT REFERENCE TO CULTURAL, DIETARY, SOCIETAL, LANGUAGE, PRESCRIBING, OR DISPENSING CONDITIONS (INCLUDING THOSE IMPOSED BY LAW), OTHER THAN THOSE OF THE UNITED STATES, WHICH MIGHT AFFECT THE INFORMATION PROVIDED.
THE INFORMATION CONTAINED IN THE WEBSITE'S HEALTH AND NUTRITION PAGES IS INTENDED AS AN EDUCATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. TALK TO YOUR DOCTOR BEFORE TAKING ANY PRESCRIPTION OR OVER THE COUNTER DRUGS (INCLUDING ANY HERBAL MEDICINES OR SUPPLEMENTS) OR FOLLOWING ANY TREATMENT OR REGIMEN. ONLY YOUR DOCTOR CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.
THE INFORMATION CONTAINED IN THE WEBSITE'S HEALTH AND NUTRITION PAGES CONCERNING HERBAL MEDICINE CONTAINS INFORMATION ABOUT HERBAL THERAPIES AND OTHER DIETARY SUPPLEMENTS, WHICH ARE NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION. ADDITIONALLY, THE MANUFACTURING AND DISTRIBUTION OF HERBAL SUBSTANCES IS NOT REGULATED IN THE UNITED STATES, AND NO QUALITY STANDARDS CURRENTLY EXIST. BECAUSE OF THE UNREGULATED NATURE OF THE HERBAL AND SUPPLEMENT INDUSTRY, YOU SHOULD DISCUSS USE OF THESE SUBSTANCES WITH YOUR DOCTOR PRIOR TO TAKING AN HERBAL SUPPLEMENT.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL MEIJER OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR PARTICIPATE IN THE PROMOTIONAL PROGRAMS.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MEIJER HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE PROMOTIONAL PROGRAMS, OR ANY OF THEIR RESPECTIVE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE OR PARTICIPATING IN THE PROMOTIONAL PROGRAMS. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MEIJER UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Applicable Law
By accessing and using the Website or participating in Promotional Programs, you agree that your access, use, and participation is subject to, governed by, and interpreted in accordance with the laws of the State of Michigan, United Sates of America, Excluding its conflict of laws provisions.
Regardless of where you access the Website or participate in Promotional Programs, you agree that any action at law or in equity arising out of or relating to these Terms must be filed and adjudicated only in the Federal or State courts located in Grand Rapids, Michigan, USA, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Terms.
YOU AGREE TO WAIVE YOUR RIGHTS TO A TRIAL BY JURY (REGARDLESS OF THE SOURCE OF SUCH RIGHT) IN ANY ACTION AGAINST MEIJER ARISING FROM AND/OR DIRECTLY OR INDIRECTLY RELATED TO OR CONNECTED WITH THESE TERMS OR YOUR USE OF THE WEBSITE OR YOUR PARTICIPATION IN THE PROMOTIONAL PROGRAMS.
Termination
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Website or exclude you from any of the Promotional Programs, and to block or prevent future access to and use of the Website or the Promotional Programs if you violate any of these Terms. Upon termination, these Terms will still apply.
Consent to Email Communication
When you visit the Website, participate in the Promotional Programs, or send 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 or by posting notices on the Website.
Legal Equivalency
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
Privacy
We have adopted a Privacy Statement that you should refer to in order to fully understand how we use and collect information on the Website, through Promotional Programs, or by other means. To learn about our privacy practices, please refer to the Privacy Statement section of the Website located at www.meijer.com/Privacy___Security.cms.
Additional Policies and Terms
Additional policies and terms apply to your use of specific portions of the Website (and products available on the Website) or to Promotional Programs (and offers available through Promotional Programs). Please review all such additional specific terms and conditions, including: FAQ, Shipping Information, and Returns.
California's Proposition 65
California's Proposition 65 requires retailers to provide notice to their customers if they sell products that contain certain chemicals. Some of our products may contain listed chemicals.
WARNING: Products available for purchase on the Website may contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.Applicable Patents
Portions of the Website are authorized to operate under a license of U.S. Patent Nos. 5,218,752; 5,227,874; and 5,249,044 from Response Reward Systems, LC.
Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. Meijer respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Meijer's Designated Copyright Agent, identified below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Website by sending us a notice ("Notice") complying with the following requirements.
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Deliver this Notice, with all items completed, to our Copyright Agent:
CT Corporation System
1015 15th Street, NW, Suite 1000
Washington, DC 20005
Phone: 202-572-3100
Fax: 202-572-9600
Email: cls-ctwashingtondcfulfillment@wolterskluwer.com
Meijer's Corporate Address
2929 Walker, NW, Grand Rapids, MI 49544