Membership. The Hy-Vee Aisles Online membership (“Membership”) provided by Hy-Vee, Inc. (“us” or “we”) is a grocery delivery membership that waives or discounts the delivery fee for scheduled deliveries of groceries and other goods and services that we deliver or are delivered by our third-party delivery partners. The Membership may be provided on a monthly or yearly basis, or both. All grocery deliveries are subject to availability, and service fees, special handling fees, and/or taxes may still apply. Memberships cannot be transferred or assigned. We reserve the right to accept or refuse Membership to anyone in our sole discretion.
Fees. The Membership fee rates are provided at https://www.hy-vee.com/aisles-online/membership. From time to time, we may offer promotional discounts on new Memberships and different Membership terms and options. We may change the Membership fees at any time. Fee changes will apply to your Membership upon the renewal of your Membership for another term. The Membership fee is non-refundable except as expressly set forth in these terms and conditions. Taxes may apply on either or both of the Membership fee and the delivery charges for Hy-Vee Aisles Online.
Renewal. BY DEFAULT, THE MEMBERSHIP WILL AUTOMATICALLY RENEW AND YOU WILL BE CHARGED THE APPLICABLE MEMBERSHIP FEE AT THE TIME OF RENEWAL. YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING THE PAYMENT METHOD WE HAVE ON RECORD FOR YOU. IF YOU DO NOT WANT THE MEMBERSHIP TO AUTOMATICALLY RENEW, YOU MUST NOTIFY US OR CANCEL YOUR MEMBERSHIP AS SET FORTH BELOW BEFORE YOU ARE CHARGED THE MEMBERSHIP FEE.
Trial Memberships. From time to time, we may offer trial or promotional memberships to new customers or certain members. Such trial or promotional memberships are subject to these terms and conditions except as otherwise stated in the promotional offer. Only one trial or promotional membership is available per household. Upon expiration of a free trial or promotional period, we will automatically charge you the applicable Membership fee unless you cancel the trial or promotional membership prior to the end of the trial or promotional period.
Cancellation. You may cancel your Membership any time without notice to us by editing your account preferences. You may cancel your Membership within the first 30 calendar days and receive a refund of the Membership fee you paid if you have not placed any orders using your Membership. If you cancel within the first 30 calendar days and have placed an order using your Membership or you cancel at any other time, you will not receive a refund, but you can continue to use the benefits of your Membership through the end of your current Membership term.
We can cancel your Membership at any time in our discretion without notice to you, provided that, if we do, we will provide you with a prorated refund based on the number of full months remaining in the Membership. Notwithstanding the foregoing, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these terms and conditions or any applicable law, involves fraud or misuse of the Membership, or is harmful to our interests or the interests of another user. Our failure to insist upon or enforce your strict compliance with these terms and conditions will not constitute a waiver of any of our rights.
Changes. These terms and conditions may be changed from time to time and without notice in our sole discretion and as provided by applicable law. You should check these terms and conditions frequently for any such changes, but, in any case, your continued access or use of the Membership will constitute acceptance of any such changes. If you do not agree to any of the changes, you must cancel the Membership. If any provision of these terms and conditions are deemed to be unlawful, void, or for any reason unenforceable, such provision will be deemed severed and will not affect the validity and enforceability of the remaining provisions.
Liability. You acknowledge that the Membership is provided on an “as is” and “as available” basis and that we do not make any warranty or representation as to its availability, usability, or fitness for a particular purpose. We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Membership. To the fullest extent permitted by applicable laws, we will not be liable to you for any claims, losses, demands, or damages of any kind whatsoever with respect to or connected to these terms and conditions or your Membership, including, without limitation, direct, indirect, incidental, or consequential losses or damages, whether it be in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, loss or corruption of data and any other commercial or economic loss of any kind). Further, our liability to you for loss or damage of any kind arising out of these terms and conditions or in connection with the relationship established by them is limited to the last Membership fee you paid. This limit applies whether our liability is in contract, tort (including negligence), under any statute or otherwise and will survive cancellation or termination of your Membership.
Disputes. You agree that (a) any and all disputes, claims, and causes of action arising out of or connected with your Membership will be resolved individually, without resort to any form of class action; (b) to the fullest extent permitted by law, you waive any right to a jury trial in any action or other legal proceeding arising out of or relating to these terms and conditions or your Membership; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these terms and conditions, or your and our rights and obligations shall be governed by the laws of the State of Iowa, without regard to conflicts of law principles or rules, and all proceedings shall take place in the District Court in and for Polk County, Iowa.
Last updated on March 5, 2020
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