Legal Terms & Conditions
Effective Date: January 1st, 2017
This page states the terms and conditions (the “Terms”) under which you may access and use the websites, mobile applications, electronic kiosks and online programs, including the digital products and services available through them (collectively, the “Digital Services”), made available in the United States by Food Lion, LLC and its affiliates (collectively, “Food Lion”). Please read this page carefully. By using the Digital Services, you agree to be bound by all of the Terms. If you do not accept any of the Terms, please immediately cease use of this website and do not again access or use any Digital Services. Food Lion may, in its sole discretion, revise these Terms at any time; therefore, you should visit this page periodically to review the Terms.
“Safe Harbor” Statement Regarding Forward-Looking Information or Statements
The Digital Services and documents available through them 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 Koninklijke Ahold Delhaize N.V. with the SEC.
Access and Use of Digital Services
Food Lion reserves the right, in its sole discretion, to limit or terminate your access to or use of the Digital Services, in whole or in part, at any time without notice. Termination of such 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.
Use of Content
Content accessible through the Digital Services, such as text, graphics, images, software, features, tools and code (collectively, the “Content”), is the property of Food Lion and protected under United States and foreign copyright laws. In connection with your use of the Digital Services, Food Lion grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access, view, use, print and download a single copy of the Content for your personal use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears in the Content. Food Lion may revoke this license at any time for any or no reason. Other than as expressly allowed in these Terms, any other use of the Digital Services or Content is expressly prohibited. You may not sell or modify Content or reproduce, display, distribute or otherwise use Content in any way for any public or commercial purpose. Use of Content on any online or digital platform or in a networked environment is prohibited. Unauthorized use of Content violates copyright, trademark and other laws.
The names, marks and logos appearing in the Content are, unless otherwise noted, trademarks owned by or licensed to Food Lion. The use of these marks, except as provided in these Terms, is prohibited. From time to time, Food Lion makes fair use in the Contents 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 Digital Services. However, you acknowledge that if you send Food Lion 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 Digital Services or transmit to Food Lion over the Internet is considered to be, and will be treated as, non-confidential. If communications which will be treated by Food Lion as confidential can be made through any of the Digital Services, that fact will be clearly stated. Without limitation of the foregoing, by submitting any Information to Food Lion, you assign to Food Lion and Food Lion shall exclusively own all now known or hereafter existing rights to such Information of every kind and nature worldwide and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the submitter 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 non-infringing 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 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 the Digital Services, 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 Food Lion 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 through the Digital Services, including Information you provide to Food Lion; accordingly, Food Lion has an absolute right to remove any material available through the Digital Services in its sole discretion at any time. Food Lion reserves the right to expel users and prevent their further access to the Digital Services for violating these Terms or the law and reserves the right to remove any communications from the Digital Services.
Recipe Portal Code of Conduct
Food Lion has established a Recipe Portal on www.foodlion.com (the “Website”) 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 Website 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 the Website, 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 Website. 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 Website 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 the Terms or Food Lion’s Privacy Statement. Any Information you submit is subject to that Privacy Statement (link below) and the Terms, including 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 users of Digital Services 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:
Cory S. Menees, Senior Corporate Counsel, Retail Business Services, LLC, 2110 Executive Drive, Salisbury, NC 28147. Telephone: (704) 310-3233. Email: email@example.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, online application or other related materials to Food Lion does not guarantee you employment with Food Lion or any other entity. 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.
Although Food Lion strives for accuracy in all elements of the Content, 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 the Digital Services are bound by these Terms 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 Online Material or about the results to be obtained from using the Digital Services. You access and use the Digital Services and Content at your own risk.
FOOD LION DOES NOT WARRANT THAT THE DIGITAL SERVICES WILL OPERATE ERROR-FREE OR THAT THE DIGITAL SERVICES, CONTENT OR ANY COMPUTER SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE DIGITAL SERVICES 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.
EXCEPT AS PROHIBITED BY APPLICABLE LAW, THE DIGITAL SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. FOOD LION, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. FOOD LION MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS OR LINKS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FOOD LION 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 THE DIGITAL SERVICES, CONTENT OR SITES LINKED TO THE DIGITAL SERVICES, 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.
The Digital Services contain links to websites owned by third parties. These links are provided solely as a convenience to you, and Food Lion is not responsible for and makes no representation regarding any linked third-party site or its content. If you decide to visit any such site using links from the Digital Services, you do so at your own risk.
By using the Digital Services, 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) arising from or related to your use of the Digital Services, including the Content, or your breach of these Terms. Food Lion reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
The Digital Services originate from Salisbury, North Carolina, U.S.A. Food Lion does not claim that the Digital Services, including the Contents, are appropriate or may be used outside of the United States. Access to the Online Services may not be legal by certain persons or in certain countries. If you access the Digital Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Digital Services.
These Terms are governed by the substantive laws of the State of North Carolina, without regard 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 the Digital Services. If any provision of these Terms 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, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such Term or any other Term. Except as expressly provided elsewhere in the Digital Services, these Terms constitute the entire agreement between you and Food Lion with respect to your use of the Digital Services.