PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
This Website, having the URL of www.meijer.com, is operated by MeijerEcom, Inc., a Michigan corporation. The address for MeijerEcom, Inc. is 2929 Walker, NW, Grand Rapids, MI 49544.
Your Use of this Website is Governed by These Terms and Conditions
Your access and use of this Website is subject to your compliance with these Terms and Conditions of Use (“Website Terms”). By accessing, browsing and using this Website, you agree to be bound by the Website Terms and by Michigan law. If you do not agree to be bound by these Website Terms and by Michigan law each time that you use this Website, or if you do not have the authority or capability to agree to or accept these Website Terms, you may not use this Website. Please take a few minutes to become acquainted with these Website Terms.
These Website Terms May Change
MeijerEcom reserves the right to modify these Website Terms at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by these Website Terms as so modified. Accordingly, you should review these Website Terms for changes whenever you use this Website.
Intellectual Property
All of the content that you see and hear on this Website, including text, graphics, logos, designs, page headers, page footers, images, illustrations, audio clips and video clips (collectively, the “Content”), is owned by us, one of our affiliates, or third parties who have licensed the Content to us. This 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 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 Website Terms, pursuant to MeijerEcom’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 this Website.
Submission of Comments or Suggestions
Although we welcome your suggestions and comments concerning this Website, all such communications, including original creative stories, product ideas and original artwork (collectively, “Comments”), submitted to MeijerEcom or to its affiliate shall be and remain the exclusive property of MeijerEcom. Your submission of any Comments shall constitute an irrevocable and legally-enforceable assignment to MeijerEcom of all your worldwide rights, title and interests in all copyrights and other intellectual property rights in the Comments. Accordingly, MeijerEcom shall 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
We may, from time to time, conduct promotions or sweepstakes or provide messaging tools for you to submit text, graphics, video content, or audio content (collectively, “Messages”) to this Website or to other persons via this Website. 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 MeijerEcom 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 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 have no expectation of privacy in your Messages and understand that they will be routed through the Internet.
You are solely responsible for the content of your Messages, and MeijerEcom assumes no liability for these Messages. 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 MeijerEcom customers or any other third party. We reserve the right to purge all Messages that you provide us after thirty (30) days of creation.
Correction of Errors and Inaccuracies; Limitations on Quantity; Returns
The information on this Website 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. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this 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 and collectibles). Additional restrictions apply. Please see our Return Policy for more details.
Passwords and Security
If you use a password to access this Website, you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, 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 and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account. Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password and in no event will MeijerEcom or its affiliates 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 account or password, and (iii) any unauthorized access to your account or use of your password.
Colors
Colors of the products for purchase on this 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 here. In the event of any conflict or inconsistency between those Terms and Conditions and these Terms and Conditions of Use, you agree that the Gift Card Terms and Conditions will control.
Children
Only persons 18 years of age or older may purchase items from this Website. If you are under 18, you may not purchase items without the direct supervision and express approval of your parent or legal guardian who will in any event be liable for such purchases. If you are a parent or guardian, you are charged with monitoring and supervising the use of this Website by minors under your care. You agree to be responsible for their use of this Website in all respects.
DISCLAIMERS—GENERAL
THE WEBSITE IS OPERATED BY MeijerEcom, Inc., ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MeijerEcom, Inc. AND ITS AFFILIATES (COLLECTIVELY, THE "MEIJER BUSINESSES") DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS 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 FOREGOING, THE MEIJER BUSINESSES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
WITHOUT LIMITING THE FOREGOING, THE MEIJER BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, THE MEIJER BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM.
THE MEIJER BUSINESSES DO 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 THIS WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS 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.
THE MEIJER BUSINESSES MAKE NO REPRESENTATION THAT THE CONTENT OF THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
THE MEIJER BUSINESSES ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.
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 OR PHARMACIST BEFORE TAKING ANY PRESCRIPTION OR OVER THE COUNTER DRUGS (INCLUDING ANY HERBAL MEDICINES OR SUPPLEMENTS) OR FOLLOWING ANY TREATMENT OR REGIMEN. ONLY YOUR DOCTOR OR PHARMACIST 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 MANUFACTURE 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 NEED TO DISCUSS USE OF THESE SUBSTANCES WITH YOUR DOCTOR OR PHARMACIST.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE MEIJER BUSINESSES OR ANY OF THEIR 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 THIS WEBSITE.
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 ANY MEIJER BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE WEBSITE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE 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 THE MEIJER BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE THEREOF IS SUBJECT TO THESE WEBSITE TERMS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF MICHIGAN, UNITED STATES OF AMERICA, EXCLUDING ITS CONFLICT OF LAWS PROVISIONS. REGARDLESS OF WHERE YOU ACCESS THIS WEBSITE, YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS SHALL 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 AND CONDITONS.
Termination
Notwithstanding any of these terms and conditions, we reserve the right, without notice and in our sole discretion, to terminate your license to use this Website, and to block or prevent future access to and use of this Website if you violate any of these Terms and Conditions. Upon termination, these Website Terms and Conditions shall still apply.
Consent to Email Communication
When you visit this Website 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. To learn about our privacy practices, please refer to the Privacy Statement section of this Website.
Additional Policies and Terms
Additional policies and terms apply to your use of specific portions of this Website and to the purchase of certain products and are incorporated into these Website Terms. Please review all such additional specific terms and conditions, including: FAQ, Shipping Information, and Returns.
Applicable Patents
Portions of this 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.
Last updated July 13, 2007.
