Hill's Home Market - Terms of Use

TERMS OF USE

This Agreement is a legal agreement between you and Home Food Market, Inc. (doing business as Hill's Home Market) ("Hill's") regarding the terms and conditions under which you may use the web site hillshomemarket.com (the "Web Site"). Your use of the Web Site constitutes your acceptance and agreement to the terms and conditions set forth below. If you do not agree to such terms of use then do not use the Web Site.

Eligibility to Purchase Products and Services.

The products and services offered via the Web Site are eligible only to be purchased by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our products and services are not available to minors, and you must be over 18 years of age to become a user.

User Data.

You agree to provide Hill's with complete, accurate and updated information as required by Hill's to register you as a user of the Web Site, including, without limitation, your name, address, telephone information, credit card account number, and other information requested by Hill's. You also agree to promptly notify Hill's of any change in any such information.

User Equipment.

You agree to provide all equipment and services and to be responsible for all telephone and other charges necessary to access the Web Site. You should contact you local telephone company or Internet service provider if you have a question about whether an access number is a toll call or long distance call from your location.

Alcoholic Beverages.

Currently, Hill's does not offer to and shall not sell beer, wine, or other alcoholic beverages to residents of any jurisdiction other than the Commonwealth of Massachusetts. Hill's sells alcoholic beverages in accordance with and subject to the laws and regulations of the Commonwealth of Massachusetts and the United States.

Manufacturer's Information.

Hill's obtains item photographs, nutritional information, ingredients, and other related information from manufacturers. This includes taking the information directly from items. Hill's does not investigate to determine if the information is accurate, nor can Hill's provide assurance that all data entry was done without error. If manufacturers change ingredients or nutritional information, Hill's cannot be certain that the information on the Web Site will be updated or timely updated. Accordingly, the information displayed on the Web Site is not guaranteed to be accurate and the actual item should be considered the authoritative source.

Copyrights.

All content included on the Web Site, such as text, graphics, logos, button icons, images, and software is the property of Hill's or third-party content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of Hill's and protected by U.S. and international copyright laws. All software used on this site is the property of Hill's or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.

Trademarks.

The trademarks, service marks and logos used on this Web Site and on promotional materials of Hill's (the "Trademarks") are registered or unregistered trademarks of Hill's or others. Nothing in this Web site shall be construed as granting any license or right to use any Trademark without the prior written consent of Hill's or any third party that owns a Trademark displayed on the Web Site.

Disclaimer of Warranty.

THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THE WEB SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HILL'S DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, HILL'S DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEB SITE IS ACCURATE, COMPLETE OR CURRENT. HILL'S DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability.

NEITHER HILL'S NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD PARTY SUPPLIERS OR VENDORS, MERCHANTS OR LICENSORS (COLLECTIVELY, "HILL'S ASSOCIATES") SHALL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEB SITE AND/OR THEIR USE OF INFORMATION PROVIDED BY YOU TO HILL'S VIA THE WEB SITE. THIS LIMITATION OF LIABILITY APPLIES TO ALL DAMAGES OF ANY KIND. WITH RESPECT TO ANY OTHER DISPUTE ARISING FROM OR RELATING TO THE WEB SITE, ANY LIABILITY OF HILL'S ASSOCIATES TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, SHALL BE STRICTLY LIMITED TO THE AGGREGATE DOLLAR AMOUNT OF FEES PAID BY YOU TO HILL'S IN THE SIX (6) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR RELATING TO THE WEB SITE MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION AROSE.

IN NO CASE SHALL HILL'S BE LIABLE FOR COMPENSATORY, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. ARISING FROM YOUR USE OF THE WEB SITE, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH HILL'S, BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification.

You agree to defend, indemnify and hold Hill's Associates harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through your use of the Web Site.

Changes.

Hill's may at anytime change the terms of this Agreement, the privacy statement, the product and service prices and information set forth in the Web Site and other information, data or content provided on the Web Site. This includes, without limitation, the right to discontinue the Web Site and related services, change this Agreement, and/or terminate your use of the Web Site. Your use of the Web Site after any such changes will be conclusively deemed your acceptance of such change. Hill's does not guarantee continuous, uninterrupted or secure access to the Web Site, and operation of the Web Site may be interfered with by numerous factors outside of our control.

Legal.

This Agreement constitutes the entire agreement between the parties with respect to your use of the Web Site. If any portion of this Agreement is held to be unenforceable or invalid, then that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the reminder of this Agreement shall remain in full force and effect. Access to and use of the Web Site is subject to all applicable federal, state and local laws and regulations. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts without giving effect to its principles regarding conflicts of law. You agree that any actions brought by you under this Agreement or relating to your use of the Web Site shall be brought only in the State Courts of Massachusetts or, to the extent jurisdiction otherwise is proper, the United States District Court for the District of Massachusetts, and the parties hereby submit to the jurisdiction of such Courts. Any cause or action by you against Hill's with respect to or relating to this Agreement or relating to your use of the Web Site must be commenced within one year after the claim or cause of action has arisen or it shall be barred. All sections of this Agreement pertaining to indemnification, limitation of liability and disclaimers of warranties shall survive termination of this Agreement.

The Web Site may make references to products or services not available or legally permitted in your country, state, county, or town. Such references are not intended to announce or offer such products or services in your country, state, county, or town. Hill's makes no representation that access to the Web Site is permitted under the laws of nations other than United States, and access is prohibited where such access would violate local law.

Security.

The Web Site has security measures in place to protect the loss, misuse and alteration of information users provide or transmit to Hill's electronically. No data transmission over the internet can be fully guaranteed to be completely secure; therefore, Hill's cannot warrant the security of any information a user provides or transmits to Hill's and Hill's disclaims any and all liability for any third party misuse of such information.

Copyright � HillsHomeMarket.com, Inc. 2004

Questions or Comments?
Please contact us at 800-682-3000 or
email us at info@hillshomemarket.com