the Service, to understand our privacy practices in connection with the Service. If you are visiting the Pharmacy section of
the Service, please also review our
H-E-B Healthcare Services Notice of Privacy Practices. If you are visiting the Nutrition Services section of the Service, please also review our H-E-B Nutrition Services Notice of Privacy Practices. You represent and warrant that any information you provide in connection with the Service is and will remain accurate and complete, and that you will maintain and update such information as needed.
2. Jurisdictional Issues. The Service is controlled and operated from the United States and is not intended to subject H-E-B to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service's availability at any time, in whole or part, to any person, geographic area or jurisdiction that we choose.
3. H-E-B's Intellectual Property Rights.
4. Rules of Conduct. In connection with the Service, you must not:
5. Your Account. You may need to register to use all or part of the Service. We may reject, or require that you change, any account name, password or other information that you provide to us in registering. Your account name and password are for your personal use only. You are responsible for maintaining the confidentiality of your account and password (including any related security questions and answers), and for restricting access to your computer or other device, and you are responsibility for all activities, including purchases, that occur in connection with your account or password. Your account may not transfer to other websites owned or operated by H-E-B, which may require you to create a separate account.
6. Submissions and Forums. Service users may make available certain materials, including but not limited to comments, photos, videos, recipes, or other user-generated content (each, a "Submission"), through or in connection with the Service, including on the Service's interactive features, such as message boards, ratings and reviews, and other forums or messaging functionality (each, a "Forum"), or on third-party social media platforms by using promotional hashtags designated by H-E-B. You agree to abide by the Rules of Conduct set forth in Section 4 above with regards to all Submissions. H-E-B has no control over Submissions, and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICE, YOU DO SO AT YOUR OWN RISK.
7. License. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submission (including any ideas, concepts, know-how, techniques or methodologies incorporated therein), in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials, and to develop, manufacture and market products and services).
In addition, if you provide to us any ideas, proposals, suggestions or other materials ("Feedback"), whether related to the Service or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place H-E-B under any fiduciary or other obligation.
10. Product Information Disclaimer. While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown on the Service. For these reasons you should not rely on the information presented, but should always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer. Content on this site is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. Contact your health-care provider immediately if you suspect that you have a medical problem. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Neither H-E-B, its content provider(s) nor product manufacturers assume any liability for inaccuracies, misstatements, or omissions.
11. Pricing and Promotions; Orders; Billing, Sales and Refund Policies. Products and promotions posted on the Service, or those sent to customers by personalized e-mail, are good only for the dates indicated. Offers, promotions and sweepstakes offered through the Service may not be available in H-E-B stores. Likewise, offers, promotions and sweepstakes offered in H-E-B stores may not be available through the Service. Certain services, products and/or programs may not be available at all locations. Prices at physical H-E-B stores may vary from the prices listed on the Service, and these stores will have no obligation to honor or match such prices if an order has not been placed on the Service or if a promotion does not apply. In the event a product or service is listed at an incorrect price due to a typographical or other error, H-E-B shall have the right to refuse or cancel any orders for products or services listed at the incorrect price, whether or not the order has been confirmed. Prices are in U.S. dollars, are subject to change, and do not reflect any applicable taxes.
All product, service and program features, including availability, prices, charges and fees in effect, are subject to change at any time without notice. H-E-B reserves the right, with or without prior notice, to limit the availability of or discontinue any product, service or program; to impose conditions on the use of any coupon or other promotion; to bar any user from making any purchase; and/or to refuse to provide any user with any product or service. Certain products, services and programs are subject to additional terms, conditions, policies and disclosures. For example, alcoholic products, services and programs are intended only for adults who are at least 21 years old; you must be at least 21 years old to purchase alcohol, or use any Service functionality related to alcohol.
You authorize H-E-B to charge you for all products or services purchased by you through the Service, plus applicable taxes and fees, to the payment method you provide. "Charge" shall indicate either a charge or a debit, as applicable, against your payment method. If you request a purchase on a recurring basis, you acknowledge that the applicable prices will be those in effect on the date the recurring order is fulfilled and agree that H-E-B may automatically charge the payment method you have provided at the regular intervals you have designated, unless and until you cancel by logging into your H-E-B account and cancelling your subscription. H-E-B may change the price of any subscribed product or service at any time in its sole discretion. You represent that you have the legal right to use any payment method that you submit to H-E-B.
All orders placed through the Service are subject to H-E-B's acceptance. H-E-B may require verification of information prior to the acceptance and/or fulfillment of any order. Your receipt of an order confirmation does not signify H-E-B's acceptance of your order. H-E-B reserves the right at any time after receipt of your order to accept or decline it for any or no reason and without liability to you or anyone else. If your method of payment has already been charged for an order that H-E-B later cancels, H-E-B will issue you a refund. All orders, returns and refunds for products and services are subject to H-E- B's Refund Policy.
12. Errors on the Service. H-E-B seeks to ensure that the information on the Service is accurate, current and complete. However, there may be instances when information about an H-E-B product or service contains inaccurate or incomplete information, such as information about the product pricing, availability or location in-store. H-E-B does not warrant or guarantee that the information on the Service is error-free, complete or current. H-E-B reserves the right to correct errors and/or to update the content or information on the Service at any time without notice or liability. H-E-B will be under no obligation to honor any erroneous price posted on the Service.
13. Consent to E-mail Communication. When you create a user account using the Service or send an e-mail 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 e-mail or by posting notices on the Service.
14. Pharmacy, Health, and Wellness Content. All content (including drug and interaction information, and recipes and health information) provided in the Pharmacy or Nutrition Services areas, or any other part of the Service, is for educational purposes only. Such content is intended to supplement, not substitute for, the diagnosis, treatment and advice of a medical professional. Such content does not cover all possible uses, precautions, side effects and interactions, and should not be construed to indicate that any drug or health program is safe for you. Talk to your healthcare provider (doctor and/or pharmacist) before using any prescription or over-the-counter drugs. Proper treatment of any condition depends on a variety of personal health factors, and can best be assessed by a healthcare provider. In addition, before administering or using any prescription or over-the-counter drug or device, check the product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications. Consult your medical professional for guidance before changing or undertaking a new diet or exercise program. Advance consultation with your physician is particularly important if you are under 18 years of age, pregnant, nursing or have health problems. Any nutritional information accompanying a recipe posted on the Service is approximate and will not apply if different ingredients and portions are used.
16. DISCLAIMER AND LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, H-E-B IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF, OR RELIANCE ON, ANY MATERIALS (INCLUDING THIRD PARTY MATERIALS) AVAILABLE THROUGH OR SUBMITTED TO THE SERVICE, OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICE, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE AND ALL SUCH MATERIALS, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT H-E-B SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING LOST PROFITS, AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF SUCH MATERIALS, PRODUCTS OR SERVICES) ARISING OUT OF USE OF, OR INABILITY TO USE, THE SERVICE OR SUCH MATERIALS, PRODUCTS OR SERVICES, EVEN IF H-E-B HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
WITHOUT LIMITING THE FOREGOING, THE TOTAL LIABILITY OF H-E-B (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SERVICE, FOR ANY REASON WHATSOEVER, SHALL BE LIMITED TO YOUR COST OF USING THE SERVICE, IF ANY. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF SUCH LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEN CERTAIN SUCH DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.
19. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that material available on the Service infringes your copyright, you (or your agent) may send to H-E-B a written notice by mail, e-mail or fax, requesting that H-E-B remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to H-E-B a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See copyright.gov for details. Notices and counter-notices must be sent in writing to H-E-B's DMCA agent as follows: by mail to DMCA Designated Agent, H-E-B Corporate Law, 646 South Flores, San Antonio, Texas 78204; by e-mail to DMCA@HEB.com; or by fax to 210-938-7816. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
21. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (kids.getnetwise.org) and OnGuard Online (onguardonline.gov). Please note that H-E-B does not endorse any of the products or services listed on such sites.
22. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; (b) on any of the U.S. government lists of restricted end users.