Legal Terms & Conditions
Effective Date: 5/1/2015
This page states the Terms and Conditions under which you, the Web Site visitor (“You”) may use this Web Site, which is owned by Delhaize America, Inc., dba Food Lion (“Food Lion”). Please read this page carefully. By using this Web Site, You agree to be bound by all of the Terms and Conditions set forth below. If You do not accept these Terms and Conditions, please do not use this Web Site. Food Lion may, in its sole discretion, revise these Terms and Conditions at any time; therefore, You should visit this page periodically to review the Terms and Conditions.
“Safe Harbor” Statement Regarding Forward-looking Information or Statements
This Web site and documents within it contain forward-looking statements that involve uncertainties. Factors that could cause results to differ materially from those in the forward-looking statements are detailed from time to time in reports filed by Delhaize America, Inc., with the SEC, including Forms 8K, 10Q and 10K.
Use of Site Material
The contents of this Web Site, such as text, graphics, images, software, features, tools, code and other content (the “Site Material”) are the property of Food Lion and are protected by copyright under both United States and foreign laws. Upon Your acceptance of these Terms and Conditions, Food Lion grants You a limited, non-transferable, nonsublicensable, nonexclusive, revocable license to access, view, use, print and download a single copy of the Site Material for Your personal use, provided You do not modify or delete any copyright, trademark or other proprietary notice that appears on the Site Material. Food Lion may revoke this limited license at any time for any or no reason. Other than as expressly allowed in these Terms and Conditions, any other use of the Web Site or any Site Material is expressly prohibited. You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other web site or in a networked environment is prohibited. Unauthorized use of the Site Material violates copyright, trademark, and other laws. Food Lion reserves the right, in its sole discretion, to limit or terminate Your access to or use of the Web Site, in whole or in part, at any time without notice. Termination of Your access or use will not waive or affect any other right or relief to which Food Lion may be entitled at law or in equity.
The names, marks and logos appearing on the Web Site and included in the Site Material are, unless otherwise noted, trademarks owned by or licensed to Food Lion. The use of these marks, except as provided in these Terms and Conditions, is prohibited. From time to time, Food Lion makes fair use in this Web Site of trademarks owned and used by third parties. Food Lion makes no claim to ownership of those marks.
Food Lion welcomes Your comments on our Web Site and products. However, You acknowledge that if You send us creative suggestions, ideas, comments, notes, drawings, recipes, concepts, inventions or other information (collectively, the “Information”), the Information shall be deemed, and shall remain Food Lion's property. Generally, any communication which You post to the Web Site or transmit to Food Lion over the Internet is considered to be, and will be treated as, non-confidential. If particular Web pages permit the submission of communications which will be treated by Food Lion as confidential, that fact will be clearly stated on those pages. Without limitation of the foregoing, by submitting any Information to us, You assign to us and we shall exclusively own all now known or hereafter existing rights to such Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the information. You grant and are authorized to grant Food Lion the right to use, without consideration, any name or likeness You submit. You represent and warrant that You own or otherwise control all the rights to the Information You submit; that the Information is noninfringing and does not otherwise violate the rights of any person or entity and conforms to all applicable laws; that use of the Information You submit does not violate any provision of these Terms and Conditions and will not cause injury to any person or entity; and that You will indemnify Food Lion for all claims resulting from Information You supply.
As a user of this Web site, You are responsible for Your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: transmit to us material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless You own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is false or fraudulent; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing to another user or any other person or entity, or that is otherwise objectionable; send sexually-explicit material; send advertisements or solicitations of business; send chain letters, pyramid schemes, political campaigning, or spam; send material containing viruses or other malware; or impersonate another person.
Food Lion is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on the Web Site, including Information You provide to us, and so we have an absolute right to remove any material from the Web Site in our sole discretion at any time. Food Lion reserves the right to expel users and prevent their further access to this Web Site for violating these terms or the law and reserves the right to remove any communications from this Site.
Recipe Portal Code of Conduct
Food Lion has established a Recipe Portal on the Web Site that allows users to share, organize and comment on user-generated materials, such as recipes. Food Lion reserves the right to review any Information You submit and to edit or delete, in whole or in part, any Information submitted, and Food Lion also may, but is not obligated to, use the Information You submit to contact You so that You may revise the Information. The views and opinions expressed in the Recipe Portal and other areas of the Web Site that host user-generated content should not be considered as representative of the views of Food Lion. You are and will remain personally and solely responsible for the Information You submit and all actions arising therefrom. If You submit Information to Food Lion, You must do so in accordance with the following rules and requirements (the “Code of Conduct”):
• Be Honest. Do not misrepresent or impersonate any person or entity or misrepresent Your affiliation with any person or entity. Do not submit Information under different names or accounts or use or attempt to use someone else’s name or account.
• Stay Focused. Do not submit off-topic comments or other Information that is irrelevant to the particular area of the Web Site. For example, do not post religious or political commentary.
• Use Common Sense. Do not submit any Information, such as confidential or personal information, that You do not want to share with other users of the Web Site or the general public. Keep in mind that other users may claim expertise or status (legal, medical, etc.) that they do not, in fact, possess. Use discretion in following their advice.
• Respect Personal Information. Do not submit any confidential or personal information of any third party, including telephone numbers, addresses, or email addresses.
• Be Appropriate. Do not submit any Information that is obscene, pornographic, defamatory, profane, libelous, threatening, intimidating, discriminatory, harassing, offensive, abusive, hateful, embarrassing, or disparaging to another person, group of persons, or entity or that violates the privacy rights of others.
• Viruses and Malware. Do not submit Information that contains viruses, malware, or other code that is intended to damage, interfere with, or surreptitiously intercept or expropriate any system or information.
• Advertisements and Solicitations. Do not submit any promotional Information, advertisements, or solicitations.
• Respect Copyrights. Do not submit any Information unless (i) You own or have all of the rights necessary to submit the Information and (ii) the submission or distribution of such Information does not violate the privacy rights, publicity rights, copyright, or any other rights of another person or entity.
• Comply with Law. Do not engage in or promote any illegal activity or submit any Information that fails to conform with applicable federal, state, and local laws.
• Respect Others. Do not attack personally other users or individuals or disparage other entities.
This Code of Conduct does not replace, summarize or supersede our Terms and Conditions or Privacy Statement. Any Information You Submit is subject to our Privacy Statement and Terms and Conditions, which include this Code of Conduct.
You are hereby informed that Food Lion has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Food Lion’s system or network who are repeat copyright infringers. If You believe Your copyright or the copyright of a person on whose behalf You are authorized to act has been infringed, You may notify our copyright agent:
Kirk A. Kruger, Senior Corporate Counsel, Delhaize America Shared Services Group, LLC, 2110 Executive Drive, Salisbury, NC 28147. Telephone: (704)633-8250. Email: Kirk.Kruger@delhaize.com.
To be effective, Your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has 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; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
APPLICANTS FOR EMPLOYMENT - YOUR WARRANTIES
By submission of application materials to Food Lion (including, without limitation, resumes and responses to questions set forth on our electronic applications), You warrant to Food Lion that You are at least 18 years of age and that all information submitted by You to Food Lion is true and correct. You further warrant that such materials and information is submitted in good faith and based upon a bona fide interest in obtaining employment. Your submission of a resume, on-line application, or other related materials to Food Lion does not guarantee You employment with Food Lion or any Food Lion clients. In addition, if You are ever hired by Food Lion, Your employment will be on an “at will” basis. That means, either You or Food Lion may terminate the employment relationship for any reason, at any time, upon reasonable notice.
Limitation of Liability
Although Food Lion strives for accuracy in all elements of the Site Material, it may contain inaccuracies or typographical errors. The content of all resumes and Job Postings is the sole responsibility of the individual or corporate entity submitting such material to Food Lion. Additionally, while users of this Site are bound by these terms and conditions not to submit false material, Food Lion cannot be responsible for the violation of these terms by users, or for the reliance by users upon false or misleading material submitted by other users. Food Lion makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this Web Site or about the results to be obtained from using the Web Site. You use the Web Site and its material at Your own risk.
FOOD LION DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE WEB SITE OR THE SITE'S MATERIAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, FOOD LION SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.
THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. FOOD LION, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH FOOD LION STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL FOOD LION, ITS AFFILIATES, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS WEB SITE OR SITES LINKED TO THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FOOD LION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Web Site contains links to web sites owned by third parties. These links are provided solely as a convenience to You and are not an endorsement by Food Lion of the contents on those other sites. Food Lion is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If You decide to visit any third-party sites using links from this Web Site, You do so at Your own risk.
By using this Web Site, You agree to defend, indemnify, and hold harmless Food Lion, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Food Lion may become obligated to pay arising or resulting from Your use of the Site Material or Your breach of these Terms and Conditions. Food Lion reserves the right to assume or participate, at Your expense, in the investigation, settlement and defense of any such action or claim.
This Web Site originates from Salisbury, North Carolina. Food Lion does not claim that the Site Materials on this Web Site are appropriate or may be used outside of the United States. Access to the Site Materials may not be legal by certain persons or in certain countries. If You access the Web Site from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
These Terms and Conditions are governed by the substantive laws of the State of North Carolina, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in Mecklenburg County, State of North Carolina with respect to any dispute, disagreement, or cause of action related to or involving this Web Site. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Web Site, these Terms and Conditions constitute the entire agreement between You and Food Lion with respect to Your use of this Web Site.