Text Message Services Terms & Conditions
Terms and Conditions. Hy-Vee, Inc. or one or more of its affiliates (collectively, “Hy-Vee”) offers access to information to you via recurring SMS (Short Message Service) and MMS (Multimedia Message Service) text alerts, including weekly deal items, special promotions, pharmacy and healthcare service messages, Hy-Vee aisles online® and pharmacy pickup and delivery information, and other information regarding the products and services that Hy-Vee offers and provides to you. By using or enrolling in Hy-Vee text message services, you (i) certify that you are at least eighteen (18) years old and (ii) agree to these terms and conditions, which become effective upon your enrollment.
To enroll in Hy-Vee text message services, you must provide your own mobile phone number with an area code within the 50 United States or the District of Columbia. You may be asked to verify your mobile phone number before the service will start. This requires responding to a text alert sent to your mobile phone confirming your enrollment in the text message services. Following enrollment, the frequency of text messages you receive from Hy-Vee will vary based on the text message services, number of Hy-Vee text message services in which you enroll, and frequency of use of Hy-Vee's pickup and delivery services.
You acknowledge that text messages will be sent to the mobile phone number you provide to Hy-Vee. Depending on the text message services in which you enroll, some text messages from Hy-Vee may include limited personal information, and whoever has access to the mobile phone or carrier account associated with the enrolled mobile phone number will also be able to see this information.
Hy-Vee does not impose a separate charge for text messages; however, your mobile carrier's message and data rates will apply, and you are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges. The following carriers are supported: AT&T, Alltel, Sprint, T-Mobile and Verizon Wireless.
You may opt out of a specific Hy-Vee text messaging service at any time by texting STOP to the number upon which you are receiving text alerts. This will only opt you out of the specific text message service associated with that five digit short code. You will remain opted in to other Hy-Vee text message services. After you submit a request to unsubscribe, you may receive one final text message from Hy-Vee confirming that you will no longer receive text messages for that text message service. No additional text messages will be sent unless you re-activate your enrollment in the Hy-Vee text message service. For questions about text message services, text the word “Help” to 49833 or call 1-800-289-8343.
Liability. You acknowledge that the Hy-Vee text message services are provided on an “as is” and “as available” basis and that we do not make any warranty or representation as to availability, usability, or fitness for a particular purpose. The Hy-Vee text message services may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other service issues or changes made by your wireless carrier. We do not warrant that any information provided in our text message services is accurate, complete, reliable, current or error-free. We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Hy-Vee text message services. 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 use of the Hy-Vee text message services, 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).
Choice of Law and Jurisdiction. You agree that (a) any and all disputes, claims, and causes of action arising out of or connected with Hy-Vee text message services 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 use of the text message services; 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 February 27, 2019
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