Hy-Vee Terms of Use

1. Binding Contractual Terms

Please read these Terms of Use (“Terms”) carefully before using our websites and any online services, software or apps provided by Hy-Vee, Inc. or its affiliates (collectively, “Hy-Vee”, “we”, or “us” or “our”) that post a link to these Terms (the “Hy-Vee Services”). By visiting or otherwise using the Hy-Vee Services in any manner, you agree to the then posted Terms and any applicable Additional Terms (defined below), to be bound by them, and that you have read and understood them. You also acknowledge, agree and consent to our data practices as described in our Privacy Policy.

These Terms affect your legal rights, responsibilities and obligations and govern your use of the Hy-Vee Services, are legally binding, limit Hy-Vee’s liability to you and require you to indemnify us and to settle certain disputes through individual arbitration. If you do not wish to be bound by these Terms and any Additional Terms, do not use the Hy-Vee Services and uninstall Hy-Vee Services downloads and applications.

In some instances, additional or different terms, posted on the Hy-Vee Services, apply to your use of certain parts of the Service (individually and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise.

2. Use of the Hy-Vee Services

We grant you a limited license to make personal use only of the Hy-Vee Services. All materials you see and hear on the Hy-Vee Services, including, for example, all of the page headers, images, text, product listings, prices, illustrations, formats, logos, designs, icons, photographs, programs, and video or audio clips (individually or collectively, the “Content(s)”), are intended solely for your personal, non-exclusive and non-commercial use. You may access, view, download, print or copy the Contents displayed on the Hy-Vee Services for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Contents; (2) do not modify or alter the Contents in any way; and (3) do not provide or make available the Contents to any third party. No right, title or interest in any accessed, viewed, downloaded, printed or copied Content is transferred to you as a result of your use of the Hy-Vee Services. We own and reserves all right, title and interest in and to the intellectual property rights in any Content you may access on the Hy-Vee Services. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Contents or the Hy-Vee Services without first obtaining written permission from us.

We may terminate, change, suspend or discontinue any aspect of the Hy-Vee Services, including the availability of any features of the Hy-Vee Services, at any time and without notice. We also reserve the right to block or deny access to the Hy-Vee Services to anyone at any time for any reason.

By your use of the Hy-Vee Services, you represent and warrant that you are at least eighteen (18) years of age, or the applicable age of majority in your state. If you are not at least eighteen (18) years of age, or the age of majority in your state, then do not use the Hy-Vee Services without the consent of your parent or legal guardian; provided, however, that if you are under thirteen (13) years of age, then you may not use the Hy-Vee Services under any circumstances. Hy-Vee Services are not directed to and we do not intend to, knowingly, collect or solicit personal information online from children under the age of 13. Hy-Vee KidsFit has its own terms of use that can be found here: https://www.hy-veekidsfit.com/terms-and-conditions/.

3. Prohibited Uses

The Hy-Vee Services may only be used for lawful purposes and in accordance with these Terms. As a condition of your use of the Hy-Vee Services, you warrant to us that you will not use the Hy-Vee Services for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third party, in your use of the Hy-Vee services YOU WILL NOT:

• Make any commercial use of the Hy-Vee Services or its Content, including making any collection or use of any product listings, descriptions, prices or images;
• Download, copy or transmit any Content for the benefit of any other party without the express written consent of Hy-Vee;
• Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Hy-Vee Services’ Content, or otherwise scrape, collect, store or use any Content, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms;
• Use the Hy-Vee Services in any manner that could damage, disable, overburden, or impair the Hy-Vee Services or interfere with any other party’s use of the Hy-Vee Services;
• Collect personally-identifiable information of other users of the Hy-Vee Services;
• Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Hy-Vee Services;
• Create another account without our permission, if we have disabled your account;
• Use the Hy-Vee Services for any fraudulent purposes;
• Violate or attempt to violate the security of the Hy-Vee Services, whether in an automated fashion or otherwise;
• Remove any copyright, trademark or other proprietary rights notice from the Hy-Vee Services or materials originating from the Hy-Vee Services.

4. Links to and From the Hy-Vee Services

The Hy-Vee Services may contain links to third-party websites and online services (such as apps and social media sites) that are not owned or controlled by Hy-Vee. Hy-Vee has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and you access and use these websites or online services solely at your own risk. These links are provided for you reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, Hy-Vee will not and cannot control or edit the content of any third-party website or online service. BY USING THE HY-VEE SERVICE, YOU EXPRESSLY RELEASE HY-VEE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE HY-VEE PARTIES”), FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD-PARTY. Accordingly, we encourage you to be aware when you leave the Hy-Vee Services and to read the terms and conditions of use for each other website or online service that you visit.

Except as you have otherwise agreed with Hy-Vee in writing, you may link to the Hy-Vee Services from your website, subject to the following: (1) you may not frame the Hy-Vee Services or any portion of the Hy-Vee Services; (2) you will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Hy-Vee name and not any Hy-Vee logo; (4) you may not use any Hy-Vee logo in any way; (5) you may not use the link in any way that suggests that Hy-Vee is associated with or endorses you or your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages Hy-Vee or damages its rights, reputation, or goodwill; and (7) we may terminate your right to link to the Hy-Vee Services at any time for any reason or no reason at all.

5. Advertisements/Release

Hy-Vee takes no responsibility for advertisements or any third party material posted on or transmitted through the Hy-Vee Services, nor does it take any responsibility for the products or services provided by other service providers with profiles or other Content on the Hy-Vee Service (“Advertisers”). Any dealings you have with Advertisers found while using the Hy-Vee Services are between you and the Advertiser, and you agree that Hy-Vee is not liable for any loss or claim that you may have against an Advertiser.

YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE HY-VEE PARTIES FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE HY-VEE SERVICES AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE AND PENNSYLVANIA) TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.

6. Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE HY-VEE SERVICES SHALL BE AT YOUR SOLE RISK. THE HY-VEE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS. THE HY-VEE PARTIES GIVE NO WARRANTY AND MAKE NO REPRESENTATION IN RELATION TO THE HY-VEE SERVICES OR THE CONTENT. THE HY-VEE PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF THE HY-VEE PARTIES RELATING TO THE HY-VEE SERVICES OR THE CONTENT, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE HY-VEE SERVICES, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE HY-VEE PARTIES, AND ANY AGREEMENT WITH A THIRD PARTY, THAT MAY BE IMPLIED BY THESE TERMS OF USE, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE HY-VEE SERVICES, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, THE HY-VEE PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE HY-VEE SERVICES IS ACCURATE, COMPLETE OR CURRENT; THAT THE HY-VEE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE HY-VEE SERVICES OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS ADVERTISERS WILL MEET YOUR EXPECTATIONS; THAT SERVICE ERRORS WILL BE CORRECTED; THAT THE SERVICE IS PCI COMPLIANT; OR THAT YOUR USE OF THE SERVICE DOES NOT VIOLATE LOCAL, STATE OR FEDERAL LAWS. THE HY-VEE PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM OR RELATING TO YOUR ACCESS TO AND USE OF THE HY-VEE SERVICES, (III) UNAUTHORIZED ACCESS TO OR USE OF THE HY-VEE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, CONTENT, AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE HY-VEE SERVICSE, (V) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE HY-VEE SERVICSE BY ANY THIRD PARTY, AND/OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HY-VEE SERVICES.

7. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE HY-VEE PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND ATTORNEY’S FEES ARISING TO ANY OF THE HY-VEE PARTIES AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE HY-VEE PARTIES IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE HY-VEE SERVICEs; (2) YOUR BREACH OF ANY OF THESE TERMS OR ANY ADDITIONAL TERMS INCORPORATED HEREIN; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (4) ANY ACTIVITY USING YOUR EMAIL ADDRESS AND PASSWORD BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT OR EMAIL ADDRESS.

IF THE HY-VEE PARTIES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS, THE HY-VEE PARTIES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE HY-VEE PARTIES.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE HY-VEE PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (I) YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE HY-VEE SERVICES; (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE HY-VEE SERVICES; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, DEFICIENCIES, OR OTHER INACCURACIES IN THE HY-VEE SERVICES; (IV) ANY UNAUTHORIZED ACCESS TO, OR USE, DISCLOSURE OR ALTERATION OF, YOUR TRANSMISSIONS OF DATA INCLUDING, WITHOUT LIMITATION, YOUR PERSONAL INFORMATION OR CARD HOLDER DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE HY-VEE SERVICES; (VI) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE HY-VEE SERVICES; OR (VII) ANY OTHER MATTER RELATED TO THE HY-VEE SERVICES, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF THE HY-VEE PARTIES EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE HY-VEE PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS OF USE OR IN RELATION TO THE SERVICE, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION OR NEGLIGENCE WILL BE LIMITED TO $50 USD.

Any claims relating to use of the Hy-Vee Services must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Hy-Vee Services are controlled and offered by Hy-Vee from its facilities in the United States of America. Those who access or use the Hy-Vee Services do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.

9. Governing Laws in Case of Dispute; Arbitration; Jurisdiction

ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF HY-VEE SERVICES, THESE TERMS, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND HY-VEE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, PRODUCT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES IN EFFECT AT THE TIME OF THE COMMENCEMENT OF THE ARBITRATION INSTEAD OF IN A COURT BY A JUDGE OR JURY. BY USING THE HY-VEE SERVICES YOU AGREE THAT HY-VEE AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The Arbitration shall take place in Des Moines, Iowa, unless the parties mutually agree in writing to an alternate location

If an arbitrator determines a particular dispute is excluded from mandatory arbitration for any reason (including, but not limited to, by applicable federal or state law), you agree to submit to the jurisdiction and venue of the state or federal courts sitting in Des Moines, Polk County, Iowa, for any action or proceeding arising out of or relating to these Terms and the Hy-Vee Services, and each of the parties waives any defense of inconvenient forum to the maintenance of any action or proceeding in the state or federal courts sitting in Des Moines, Polk County, Iowa.

You acknowledge and agree that each party shall pay the fees and costs of its own attorneys, experts, and witnesses incurred in connection with any arbitration or court proceeding between the parties notwithstanding any prevailing parties attorneys’ fees provision a part of any statute under which you may bring a claim.

10. Notice and Procedure for Making Claims of Copyright Infringement

Hy-Vee expressly reserves all intellectual property and other proprietary rights in all Content, including processes, technology, and other materials that appear on Hy-Vee Services. Access to Hy-Vee Services does not confer and shall not be considered as conferring upon anyone any license under any of Hy-Vee’s or any third party’s intellectual property rights. The unauthorized duplication of any content on the Hy-Vee Services is a violation of law and these Terms.

If you believe your work has been copied on the Hy-Vee Services in a way that constitutes copyright infringement, please send a written notification (an “Infringement Notification”) that meets all of the following requirements:

1. Specifically identifies the copyrighted work(s) believed to have been infringed;
2. Identifies the material that is accessible on the Hy-Vee Services and which is allegedly infringing upon the copyrighted work(s). The Infringement Notice must provide detailed information reasonably sufficient to enable Hy-Vee to locate the allegedly infringing materials on the Hy-Vee Services, such as clear screenshots of the allegedly infringing materials (for identification purposes);
3. Provides information sufficient to permit Hy-Vee to contact the copyright owner directly: name, street address, telephone number, and email (if available);
4. Contains 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.
5. Contains a statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.
6. Is signed by a person authorized to act on behalf of the copyright owner; and
7. Is sent to Hy-Vee at the following address:

Hy-Vee, Inc.

Attn: Legal Department

5820 Westown Parkway

West Des Moines, IA 50266

11. Equitable Relief

If you violate these Terms then we may seek injunctive relief or other equitable relief.

12. Assignment

These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Hy-Vee’s prior written consent, but may be assigned by Hy-Vee without restriction and without notice to you.

13. Consent to Electronic Communication

When you visit the Hy-Vee Services, chat with us 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 chat, email, or by posting a notice on the Hy-Vee Services. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the Hy-Vee Services, providing us with an email address, or leaving a telephone message with an email address for customer service to respond to you, as a request that we communicate with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including your personal financial or medical information) from time to time in an unencrypted manner.

14. Electronic Contract

These Terms, which are provided electronically, and any other electronic Additional Terms that are 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 administer of 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.

15. Severability

If any provision of these Terms or the Additional Terms referenced herein is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions.

16. Changes to these Terms

These Terms are subject to change at our discretion. We will indicate changes, including material changes, to these Terms by updating the "Effective Date." Your use of any Hy-Vee Services after any update to these Terms will constitute your acceptance of the changes.

17. Contact Us

If you have questions or comments about these Terms, you may contact us as follows:

Mailing Address: Hy-Vee, Inc., 5820 Westown Parkway, West Des Moines, Iowa 50266-8223

Toll-free Number: (800) 772-4098

Hy-Vee Online Pharmacy Terms of Service

Pharmacy Account Registration

I desire to download my electronic protected health information, such as information about my prescription medications, from Hy-Vee Pharmacy onto my mobile device or computer. I authorize Hy-Vee Pharmacy to transmit my electronic protected health information onto my mobile device or computer. I understand that my electronic protected health information is encrypted as it travels from Hy-Vee Pharmacy to my mobile device or computer. However, I understand that once my electronic protected health information is downloaded onto my mobile device or computer, I am solely responsible for keeping such information confidential. I understand and acknowledge that there is a risk that my mobile device or computer may be stolen or accessed by an unauthorized source, and that, consequently, my electronic protected health information that I downloaded onto my mobile device or computer may be accessed by such unauthorized source. I accept full responsibility for protecting the security of my mobile device or computer from theft or other unauthorized access. I release Hy-Vee from any and all liability related to the use or access of my electronic protected health information that I download from Hy-Vee onto my mobile device or computer.