TERMS AND CONDITIONS OF USE

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This Web site (the “Site”) is produced and owned by Lund Food Holdings, Inc.

We welcome you to www.LundsandByerlys.com. LundsandByerlys.com and its affiliates provide their products and services to you subject to the following terms and conditions. If you visit or shop at our site, you agree to accept these terms and conditions. We ask that you please read them carefully. If you do not accept these terms and conditions, please leave this site now. See updated process changes April 2020.

From time to time we may modify these terms and conditions by posting modified terms and conditions. If you visit or shop at our site after such modified terms and conditions are posted, you agree to accept the modified terms and conditions. If you do not accept the modified terms and conditions, please leave this site now.

Order and Acceptance:

By submitting an order, you offer to purchase the products or services you select and submit to us. It is within our discretion to accept or reject your order. Your payment for products, services, shipping or sales tax relating to your order is due upon the submission of your order. If we accept your order, we will charge you for the products and services. If we do not accept your order, we will not charge you for the products or services.

If you need to change or cancel an order, please contact us at [email protected] or phone us at 1-866-303-5588.

Product and Service Descriptions:

LundsandByerlys.com and its affiliates attempt to be as accurate as possible. However, neither lundsandbyerlys.com nor its affiliates warrant that product or service descriptions or other content of this site is accurate, complete, reliable, current or error-free.

For orders placed on LundsandByerlys.com (excluding online grocery shopping orders), you will be charged the prices quoted for the products and services at the time you submit your order to us. For orders placed on our online grocery shopping website, your order will be charged on the day your order is scheduled for pickup or delivery. The prices on this site do not necessarily match the prices in our stores. If we make a mistake in pricing our products or services, you will be charged the correct price for such products or services.

Your Account:

Only one (1) L&B Extras account is permitted per customer and using another person’s Extras account is prohibited.  If we discover that you have more than one account, we may terminate any and all of your accounts, and you shall immediately forfeit all offers and benefits.  You warrant to us that your use of any credit card to buy products or services through this site is authorized and legal.

Information Reporting:

It is your responsibility to notify us of any changes to your registration details, including credit card details. You are also responsible to notify your bank of any loss, theft or unauthorized use of your credit card.

Satisfaction Guarantee:

Lunds & Byerlysbelieves in making customers the number one priority. We guarantee our customers’ satisfaction. If, for any reason, you are not completely satisfied with your product or service, we will either replace the product or refund your money.

Right to Refuse Service:

We reserve the right to refuse service to anyone, with or without cause.

Ownership and Copyright:

We or our content providers own all of the content on our site, including, without limitation, all software, services, products, resources, information, data, photographs, graphics, video and audio clips, text, images, typefaces, content and other materials on this site (the “site content”). The site content is copyright © 2001, Lund Food Holdings, Inc. All Rights Reserved, unless otherwise marked.

When using this site, you may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, copy, upload, distribute, or in any way exploit any of the site content, in whole or in part, except as expressly provided below. You are permitted to download one copy of the site content for your personal, non-commercial use. You cannot copy or post the site content on any network computer or broadcast it in any media. You also must maintain any notices contained in the site content, such as all copyright notices, trademark legends, or other proprietary rights notices.

All rights not expressly granted herein are reserved to our content providers and us.

Trademarks:

All trademarks, trade names, service marks, logos, phrases and designs (including, without limitation, all page headers, custom graphics, button icons and scripts) used on this site (collectively, the “Marks”) are proprietary to Lund Food Holdings, Inc., or other respective owners that have granted Lund Food Holdings the right and license to use such Marks. You may not copy, imitate or use, in whole or in part, any of the Marks.

Submissions:

We are always very happy to hear from our customers. If you send us anything unsolicited, in the form of comments, suggestions, ideas, materials, concepts, questions or other information, these submissions and all the intellectual property rights contained therein shall be deemed and remain our exclusive property without any obligation to compensate you. You agree that we shall not be under any obligation whatsoever to return any unsolicited submissions from you. You hereby assign to us all of your rights and title (including intellectual property rights) in such unsolicited submissions.

You agree that we shall be entitled to the unrestricted use of the unsolicited submissions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other provider of the unsolicited submissions. You agree that we shall not be required to treat the unsolicited submissions as confidential.

General Site Use:

This site is provided to individuals for personal use only. Any commercial use of this site is expressly prohibited. You agree to abide by all laws relating to use of this site. You are prohibited from posting on or transmitting through this site any illegal, obscene, defamatory, abusive, hateful, sexually or racially or ethically discriminatory or otherwise objectionable or harmful material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national, or international law. Furthermore, we will not permit any conduct by you that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying this site. Information posted should not infringe the intellectual property rights of any third parties. You may not alter, modify or delete information posted by other users. You may not interfere with this site, including but not limited to, unauthorized access of data, attempting to breach the security of this site, interference with other users or this site, or sending unsolicited E-mail through this site. You may not collect information about others, including others’ E-mail addresses, without their consent.

No Warranty and Warranty Disclaimer:

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THIS SITE IN TERMS OF ITS ACCURACY, RELIABILITY, SUITABILITY OR OTHERWISE. FURTHERMORE, THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OR EXPERIENCE OF THIS SITE.

THIS SITE IS PROVIDED “AS IS” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THOSE CONCERNING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT RELIANCE ON ANY INFORMATION PROVIDED ON THIS SITE, WHATEVER ITS SOURCE, AND ALL USE OF (OR INABILITY TO USE) THIS SITE IS SOLELY AT YOUR OWN RISK.

Limitation of Liability:

UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES OR RELATED COMPANIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER TYPE OF DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS SITE (OR INABILITY TO DO SO) IN ANY MANNER. YOU AGREE THAT OUR TOTAL LIABILITY FROM OR RELATED TO YOUR USE OF AND ACCESS TO THIS SITE, WHETHER THE FORM OF ACTION OR CLAIM IS IN CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE IS LIMITED TO THE PURCHASE PRICE OF ANY PRODUCTS AND SERVICES YOU PURCHASED FROM US IN THE APPLICABLE TRANSACTION.

Exclusions and Limitations:

Because some jurisdictions do not allow the exclusion of certain warranties or exclusions or limitations of liability for consequential or incidental damages, some of the above exclusions or limitations may not apply to you.

Indemnification:

You agree to indemnify and hold us, our officers, directors, employees, subsidiaries, affiliates and related companies harmless from and against any claim or demand, liabilities and settlements, including reasonable attorney’s fees, made by any third party due to or arising out of the unsolicited submissions, content you submit, post to or transmit through this site, your use of this site, your connection to this site, your violation of these terms and conditions or your violation of any rights of another in connection with your use of this site.

Links:

This site contains links to other web sites. We provide the links to you only as a convenience. You acknowledge that we do not endorse and are not responsible for the content of such other sites. You further acknowledge that we are not liable for any loss or damage in connection with such other sites.

Access and Termination:

You agree that we may, in our sole discretion, terminate your password, account or access to this site, and remove and discard any site content, for any reason. We may also discontinue providing this site, or any part of it, with or without notice. You agree that any termination of your access to this site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and password and all related information and files or bar further access to such files. Further, you agree that we shall not be liable to you or any third party for any termination of your access to this site. Notwithstanding termination of your access to this site, you will still be liable for the payment of any amounts due or other obligations incurred before termination, whether your use of this site is terminated by you or us. Termination of your access to this site does not terminate the applicability of these terms and conditions, the appropriate provisions of which shall survive in perpetuity (as modified).

Use Outside the United States:

We are based in Edina, Minnesota, in the United States of America. We make no claim that the site content is appropriate, or may be downloaded, outside of the United States, and this site is not intended for use by persons outside the United States. Access to the site content may not be legal by certain persons in certain countries. If you access this site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Jurisdiction And Governing Law:

These terms and conditions are governed by and shall be interpreted under the laws of the State of Minnesota, U.S.A., notwithstanding its conflicts of law principles. All disputes or claims arising out of use of this site will be resolved in the Federal District Court for the District of Minnesota or in Hennepin County District Court, Minneapolis, Minnesota.

Miscellaneous:

If any provision of these terms and conditions is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions. Waiver by us of any breach under these terms and conditions shall not affect or impair our rights with respect to any subsequent breach of the same, similar, or of a different nature. Our failure to exercise or enforce any right or provisions of these terms and conditions shall not constitute a waiver of such right or provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site, the site content, or the terms and conditions must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in these terms and conditions of use are for convenience only and have no legal or contractual effect. The provisions of the terms and conditions of use shall be binding on and inure to the benefit of both your successors and assignees and our successors and assignees.