Terms of Use

Last modified June 1, 2023

  1. BINDING CONTRACTUAL TERMS
    By using the KidsFit website (the “Website”), including all Content (as defined below) available through the Website, through downloading or using the KidsFit mobile application provided through Apple’s App Store or the Google Play Marketplace (the “App(s)”), through email feeds or feeds through the Apps, or through accessing, downloading, or using any associated content such as worksheets, widgets, or other related services provided by Hy-Vee, Inc. (all collectively the “Service”), the person or entity downloading or using the Service (“You”) signifies (a) that You have read and understood these Terms of Use (which include the Privacy Policy [insert link to Privacy Policy]), and (b) that these Terms of Use have the same force and effect as a signed agreement. The Service is provided by Hy-Vee, Inc. a company registered in Iowa (“Hy-Vee”).
    You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms of Use, and to abide by and comply with these Terms of Use.In addition, You affirm that You have not been previously suspended or removed from the Service.
    ATTENTION:PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY,WHICH IS PART OF THESE TERMS OF USE, CAREFULLY BEFORE USING THE SERVICE.ACCESSING, USING OR DOWNLOADING ANY PART OF THE SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF USE AND PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND PRIVACY POLICY, DO NOT USE THE SERVICE.
    We reserve the right to modify or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to You, and are not obligated to support or update the Service.YOU AGREE THAT HY-VEE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PORTION OF THE SERVICE).Unless explicitly stated otherwise, any new features that augment or enhance the current Service will be subject to these Terms of Use.
    We may change these Terms of Use at any time.If We materially change these Terms of Use, We’ll let You know by showing them to You again when You access the Website.Please review the Terms of Use each time You visit the Service.BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS OF USE.
    These Terms of Use include a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by You, and a class action waiver in Sections4, 6, 8, 10-12, and 16.Please review those sections (and all of the other terms) carefully.
  2. privacy policy
    Our Privacy Policy describes the information Hy-Vee collects when You and others use the Service. It also describes how Hy-Vee uses any personal information You share with it. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, You are also consenting to our collection, use, and sharing of Your personal information in accordance with our Privacy Policy. Please Click here [insert link to Privacy Policy] to review our Privacy Policy.
  3. INFORMATIONAL PURPOSES
    Content on the Service is for informational purposes only. It is not intended as a substitute for the advice provided by your own physician or health care provider and may not take your individual health situation into account. You should not use the information on the Service as a means of diagnosing a health problem or disease, or as a means of determining treatment. The Service does not provide medical services or medical advice. In the event of a medical emergency, call 911 and/or immediately contact a doctor.
  4. Links to and From the service
    The Service 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 Your 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 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”), APPLE, AND GOOGLE 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 Service 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 Websitefrom Your website, subject to the following:(1) You may not frame the Website or any portion of the Website; (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 or KidsFit name and not any Hy-Vee or KidsFit logo; (4) You may not use any Hy-Vee or KidsFit 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 Website at any time for any reason or no reason.
  5. Restrictions on Use of the Service
    In Your use of the Service, You will not:
    • use the Service for any purpose other than for using the features we intentionally make available to You;
    • transmit or submit any information that Hy-Vee, in its sole discretion, determines is confidential (including social security or alternate national identity numbers, sensitive personal information, non-public phone numbers or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
    • use the Service if You are under the age of 13 and have not received proper consent from Your parent or legal guardian to use the Service;
    • copy, download or distribute any part of the Service in any form or medium without the prior written authorization of Hy-Vee;
    • alter, modify or make derivative works from any part of the Service without the prior written authorization of Hy-Vee;
    • provide false personal information (including Your birth date) or create an account for anyone other than Yourself (or Your child, in the case of a parent or legal guardian granting consent for the child to use the Website) without permission;
    • create another account without our permission, if we have disabled Your account;
    • share Your password, let anyone else access Your account, or do anything else that might jeopardize the security of Your account;
    • assign or transfer Your account or login information to anyone;
    • use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Service; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Service are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
    • use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service;
    • obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
    • facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize;
    • impersonate or misrepresent any person or entity or Your affiliation with someone else;
    • collect personally-identifiable information of other users;
    • harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
    • remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Service;
    • solicit other users to join, become members of, or contribute money to any online service or other organization;
    • post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Service;
    • stalk, bully, or otherwise harass any person or entity; or
    • harm minors in any way.

      Hy-Vee may, at its sole discretion, disable or terminate the accounts of any users for any reason, including, but not limited to, the accounts of users who violate these Terms of Use. Hy-Vee will fully cooperate with any law enforcement authorities or court order requesting or directing Hy-Vee to disclose the identity of anyone violating these Terms of Use.

      Hy-Vee believes in children’s online safety and does not wish to receive information regarding children under 13 years old without the prior consent of a parent or legal guardian.If You are under 13 years of age, then please do not attempt to use the Service until Your parent or legal guardian has completed the parental consent process.
  6. USER SUBMISSIONS
    The Service may permit the submission of material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications submitted by You and other users (“User Submissions”). You understand that whether or not such User Submissions are published or posted, Hy-Vee (1) does not guarantee any confidentiality with respect to any User Submissions, (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.

    You shall be solely responsible for Your own User Submissions and the consequences of sharing them. By submitting User Submissions to Hy-Vee, You hereby grant Hy-Vee and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Service and Hy-Vee’s (and its successors’, assigns’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any form and media formats and through any media channels.

    In connection with User Submissions, You represent and warrant that You will not transmit, submit, or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to transmit, submit or post the material and to grant Hy-Vee all of the license rights granted herein. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your transmitting, submitting, or posting User Submissions.Hy-Vee does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Hy-Vee expressly disclaimS any and all liability in connection with User Submissions. 
  7. INTELLECTUAL PROPERTY
    Everything You see, hear, or otherwise experience on the Service, including but not limited to the graphics, videos, text, software, photographs, scripts, software screens, design elements, artwork, templates, layout designs, interactive features and the like, the concepts and ideas underlying the Service, and all statistical, analytical, and other data captured by or through the Service (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Hy-Vee, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.Hy-Vee owns the copyright in the selection, coordination, arrangement and enhancement of the Content.Any unauthorized use of any materials on the Service may violate copyright, trademark, and other laws.HY-VEE and KIDSFITare trademarks of Hy-Vee.

    For Your personal use, You may view, copy, and print pages from the Service.Otherwise, the Service may not be copied, downloaded, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Hy-Vee reserves all rights not expressly granted in and to the Service and the Content. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by Hy-Vee in writing.You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by Hy-Vee.You may not build a business using the Content, whether or not for profit.If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, nor may You scrape or use any extraction methods to obtain any Content or data from the Service.
  8. advertisements/release
    Hy-Vee takes no responsibility for advertisements or any third party material posted on or transmitted through the Service, nor does it take any responsibility for the products or services provided by other service providers with profiles or other Content on the Service (“Advertisers”).Any dealings You have with Advertisers found while using the Service 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, APPLE, AND GOOGLE 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 SERVICE 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.
  9. WARRANTIES
    You warrant and represent to Hy-Vee as set out below:
    1. The information provided to Hy-Vee in any registration screen, profile, email, telephone call or through other means including all personal details, contact details and all other data provided to Hy-Vee, is true in all respects, up-to-date and not misleading in any way.
    2. You will keep the information referred to in paragraph (a) up to date.
    3. You will not access the Service under false identity or pretext and will not use it to falsify Your or any other person's identity.
    4. You will comply with all applicable laws and regulations in Your use of the Service.
    5. You will keep Your log-in details and password secure and will not share such information with third parties.
  10. DISCLAIMER OF WARRANTIES
    YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK.THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS. THE HY-VEE PARTIES, APPLE, AND GOOGLE GIVE NO WARRANTY AND MAKE NO REPRESENTATION IN RELATION TO THE SERVICE OR THE CONTENT. THE HY-VEE PARTIES, APPLE, AND GOOGLE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF THE HY-VEE PARTIES, APPLE, AND GOOGLE RELATING TO THE SERVICE OR THE CONTENT, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE SERVICE, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE HY-VEE PARTIES, APPLE, AND GOOGLE 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 SERVICE, 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, APPLE, AND GOOGLE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICE OR ON THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT;THAT THE SERVICE 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 WEBSITE 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, APPLE, AND GOOGLE 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 SERVICE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, CONTENT, AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE 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 SERVICE.
  11. INDEMNITY
    YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE HY-VEE PARTIES, APPLE, AND GOOGLE FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND ATTORNEY’S FEES ARISING TO ANY OF THE HY-VEE PARTIES, APPLE, OR GOOGLE AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE HY-VEE PARTIES, APPLE, OR GOOGLE IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE; (2) YOUR BREACH OF ANY OF THESE TERMS OF USE; (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, APPLE, OR GOOGLE TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE, THE HY-VEE PARTIES, APPLE, AND GOOGLE 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, APPLE, AND GOOGLE.
  12. LIMITATIONS OF LIABILITY
    IN NO EVENT SHALL THE HY-VEE PARTIES, APPLE, OR GOOGLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICE OR THIRD PARTY PRODUCTS OR SERVICES, UNDER THESE TERMS OF USE OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OR REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE HY-VEE PARTIES, APPLE, OR GOOGLE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

    THE HY-VEE PARTIES, APPLE, AND GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE HY-VEE PARTIES’, APPLE’S, OR GOOGLE’S NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE SERVICE, (4) UNAUTHORIZED ACCESS TO OR USE OF HY-VEE’S SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE SERVICE; (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (8) THIRD PARTY WEBSITES OR APPS; (9) ERRORS OR OMISSIONS IN ANY CONTENT; OR (10) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HY-VEE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    THE HY-VEE PARTIES, APPLE, AND GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS OF USE INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO KEEP YOUR LOG-IN DETAILS AND PASSWORD SECURE OR FROM THE SHARING OF THESE DETAILS WITH ANY OTHER PERSON.

    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.

    BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

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

    A party will not be in breach of these Terms of Use, nor liable for any failure or delay in performance of any of its obligations under these Terms of Use where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, shortage of raw materials or supplies, industrial action or strike, power cuts, or electronic or communication network breakdowns (“Force Majeure Events”).
  13. EQUITABLE RELIEF
    If You violate these Terms of Use then we may seek injunctive relief or other equitable relief.
  14. subpoena fees
    If Hy-Vee has to provide information in response to a subpoena related to Your account, then we may charge You for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
  15. ASSIGNMENT
    The Terms of Use, 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.
  16. Class action waIver
    ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION.YOUR ACCESS TO AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
  17. EXPORT CONTROL
    Software and the transmission of applicable technical data, if any, in connection with the Service may be subject to export controls.You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States and the country in which You reside.
  18. GENERAL
    These Terms of Use constitute the entire agreement between the parties and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.Each party acknowledges that it has not relied on or been induced to enter these Terms of Use by a representation other than those expressly set out in these Terms of Use.Except as to Apple and Google as described in the Apple and Google required terms below, Hy-Vee and You do not intend to confer, and these Terms of Use will not be construed as conferring, any right, remedy, obligation or liability of any kind on any person other than Hy-Vee, You, and their successors and assigns.No modification, alteration or waiver of any of the provisions of these Terms of Use will be effective unless in writing and signed on behalf of each of the Parties.No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Hy-Vee’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.You agree that the Service shall be deemed solely based in Iowa, United States of America and the Service shall be deemed a passive Service that does not give rise to personal jurisdiction over the Hy-Vee Parties in jurisdictions other than Iowa.These Terms of Use are governed by United States and Iowa law, without regard to conflict of law provisions, and the Parties submit to the exclusive jurisdiction of the courts of Polk County, Iowa in relation to any dispute between them arising out of the subject matter of these Terms of Use.

APPLE REQUIRED TERMS

  1. Acknowledgement: Hy-Vee and You acknowledge that the Terms of Use are concluded between Hy-Vee and You only, and not with Apple, and Hy-Vee, not Apple, is solely responsible for the Service and the content thereof.
  2. Scope of License: The license granted to You for the Service is limited to a non-transferable license to use the Service on any Apple-branded products that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the Service may be accessed, acquired, and used by other accounts associated with You via Family Sharing or volume purchasing.
  3. Maintenance and Support: As between Apple and Hy-Vee, Hy-Vee is solely responsible for providing maintenance and support services, if any, with respect to the Service, as specified in the Terms of Use, or as required under applicable law. Hy-Vee and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
  4. Warranty: As between Apple and Hy-Vee, Hy-Vee is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the relevant App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Hy-Vee’s sole responsibility.
  5. Product Claims: Hy-Vee and You acknowledge that Hy-Vee, not Apple, is responsible for addressing any claims by You or any third party relating to the Service or Your possession and/or use of that Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  6. Intellectual Property Rights: Hy-Vee and You acknowledge that, in the event of any third party claim that the Service or Your possession and use of the Service infringes that third party’s intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, Hy-Vee, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  7. Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Developer Name and Address: Hy-Vee may be contacted at [phone number] or [email address] in connection with any questions, complaints or claims with respect to the Service.
  9. Third Party Terms of Agreement:You must comply with third party terms of agreement when using the Service.
  10. Third Party Beneficiary: Hy-Vee and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Use, and that, upon Your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against You as a third party beneficiary thereof.

Additional Terms Relevant to Google Inc.

(a) THESE TERMS OF USE constitute a license agreement in lieu of any license grant provided by Google to use the AppS on a Supported Device. A “SUPPORTED DEVICE” IS A COMBINATION OF A MOBILE DEVICE RUNNING ANDROID SOFTWARE AND AN ANDROID SOFTWARE VERSION(S) THAT IS SUPPORTED BY the KIDSFIT MOBILE APPLICATION. THESE TERMS OF USE are made BETWEEN you and HY-VEE only, and not with Google. HY-VEE is solely responsible for the KIDSFIT Mobile APPLICATION.

(b) The Google Play marketplace is owned and operated by Google Inc. Your use of Google Play is governed by a legal agreement between you and Google consisting of the Google Terms of Service (found at http://www.google.com/accounts/TOS) and the Google Play Terms of Service (found at https://play.google.com/intl/en-US_us/about/play-terms.html and together with the Google Terms of Service called the “Terms”). The Google Play Terms of Service and Google Terms of Service shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.

(c) HY-VEE is solely responsible for providing, and Google has no obligation to provide, maintenance and support for the KIDSFIT Mobile APPLICATION. Support requests, as well as questions, complaints or claims regarding the KIDSFIT Mobile APPLICATION, may be directed to HY-VEE support, [include address if possible]. Users may also contact us by email at [email address].

(d) To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the KIDSFIT Mobile APPLICATION, and will not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

(e) Google shall not be responsible for addressing any claims by you or any third party relating to the KIDSFIT Mobile APPLICATION or your possession and/or use of the KIDSFIT Mobile APPLICATION, including but not limited to (i) product liability claims, (ii) any claim that the KIDSFIT Mobile APPLICATION failS to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.

(f) Google shall not be responsible for the investigation, defense, settlement or discharge of any claim that the KIDSFIT Mobile APPLICATION or your possession and use thereof infringes a third party’s intellectual property rights.

(g) You represent and warrant that (i) the sERVICE(S) will not be downloaded or used in, or transported to, a country that is subject to a United States Government embargo or has been designated by the United States Government as a “terrorist-supporting” country, and (ii) you are not listed on any United States Government list of prohibited or restricted parties.

(H)For the improvement of Google Play, Google may collect certain usage statistics from Google Play and your Supported Device, including but not limited to, information on how Google Play and your Supported Device are being used. The data collected is examined in the aggregate to improve Google Play for users and developers and is maintained in accordance with Google’s Privacy Policy. We can neither control nor are responsible for the privacy practices of Google. To ensure the improvement of the KIDSFIT Mobile APPLICATION, limited aggregate data may be available from google to HY-VEE upon HY-VEE’S written request.

(I) Removal of HY-VEE Mobile APPLICATION. HY-VEE or Google Inc. may, at any time and without notice, restrict, interrupt or prevent use of the KIDSFIT Mobile APPLICATION, or delete the KIDSFIT Mobile APPLICATION from your Supported Device, without entitling you to any refund, credit or other compensation from HY-VEE or any third party (including, but not limited to, Google Inc. or your network connectivity provider).

Additional Terms Relevant to YOUTUBE.

We use YouTube API Services. We host videos on YouTube that are embedded in the Website. These are hosted on our YouTube channel, viewable at: https://www.youtube.com/channel/UCGJ0GtyiYAOWqMpAfmlQr-A. By accessing these videos, you are agreeing to be bound by the YouTube Terms of Service available at: https://www.youtube.com/t/terms