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Heartland Farms Terms of Service
Last updated: October 22, 2024
Questions regarding these terms and conditions should be directed to:
Heartland Foods
234 Mall Blvd, Suite 140
King of Prussia, PA 19406
(443) 674-0123
support@heartlandfoods.com
These Terms of Service are entered into between you and Five Star Home Foods llc. (“Heartland Farms”, “we”, “us” or “our”). These Terms of Service, together with any documents incorporated by reference (collectively, “Terms” or “Agreement”) govern your access to and use of the Heartland Farms website www.heartlandfoods.com and mobile application including any content, functionality, subscriptions and services offered on or through the Site (collectively, referred to as “Services”). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING AND USING OUR SITE OR ANY SERVICES.
YOU AGREE THAT BY ACCESSING AND USING THE SITE AND SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OR ACCESS THE SITE.
This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Site, you represent that you are of legal age to form a binding contract with Heartland Farms and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
We always welcome your feedback. If you have any questions about these Terms, please email us at support@heartlandfoods.com
Heartland Farms may change or modify these Terms at any time in our sole discretion. When we make a change or modification to the Terms, we will post the current Terms on the Site. The changes take effect when we post the Terms on the Site and shall apply to all access and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page when you access the Site so you are aware of any changes, as they are binding on you. The date of the most recent update will be indicated.
By accessing and using our Site, you agree to these Terms. This Agreement defines your rights and responsibilities as a user (“User”) of the Site.
To access the Site or some of the resources it offers, and to access Services, you may need to register and to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with the Site or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Registration as a User of the Site results in your personal information being stored and processed in the United States. Heartland Farms is based in the State of Maryland in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its Content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
These Terms, together with our Privacy Policy shall constitute the entire agreement between you and Heartland Farms. If you do not agree with any of the Terms of this Agreement or the Privacy Policy, do not use or access the Site or Services.
The Site and its entire contents, features and functionality (including information, text, software, scripts, graphics, pictures, data, images, displays, videos, design user-generated information, editorial and other content) (collectively, the “Content”) are owned by Heartland Farms, its licensors or other providers of such Content and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We strive to ensure that all Content on the Site or provided in connection with the Services is complete and accurate. Despite our efforts, the Content may occasionally be incomplete or contain errors.
These Terms permit you to access and use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on the Site, except as follows:
You must not access or use for any commercial purposes any part of the Site or any Services or Content accessed or available through the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of any Content made by you. No right, title or interest in or to the Site or any Content is transferred to you, and all rights not expressly granted are reserved by Heartland Farms. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The trademarks, service marks, trade names, designs, logos and slogans on the Site are trademarks of Heartland Farms or the respective owners. You must not use such marks without the prior written permission of Heartland Farms or the respective owner.
You may use the Site only for lawful purposes and in accordance with these. You agree not to use the Site (a) in any way that violates any federal, state, local, or other applicable law or regulation or (b) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Heartland Farms or Users of the Site, or expose them to liability. Additionally, you agree not to:
Heartland Farms consists of a fee-based retail agreement. is a fee-based subscription service offered at varying subscription durations. When you sign up for a retail agreement, you are committed to the terms that you have chosen. Users of the Site may be unregistered Users, registered Users or paying viewers .
User Requirements. You must be 18 years or older to purchase any Services and provide Heartland Farms with accurate and complete registration information. Failure to comply with either of these requirements will constitute a breach of this Agreement.
During registration you will create an account using your email address and password that will be used to authenticate your ongoing access to the Services. You will not:
You are responsible for the use of your account and you must make your best effort to keep your password secure. You should not share your password with others. If you believe your account has been compromised, you must immediately notify Heartland Farms of the suspected breach by emailing support@heartlandfoods.com.
For a Single Household. The Content provided through your retail agreement is intended for your personal use and should not be shared with others outside of your household apart from the approved sharing features of the Service.
Access to Meal Plans and Content. You must have an active account to have access to the Content.
Termination of your Account. If Heartland Farms, in its sole opinion, believes that you are acting in a spirit inconsistent with this Agreement or have breached the Agreement, we may terminate your account. In such a case, you are not eligible for a refund. We also reserve the right to terminate your retail agreement for any reason even if the reason does not cause a breach of this Agreement. In such a case, we will refund any remaining unused portion of your retail agreement purchase. The refund will be your sole and exclusive remedy to such a termination.
Prices Subject to Change. Heartland Farms may change our base retail agreement prices at any time. However, with the exception of any discount from coupon codes or promotional offers.,
Payments. The payment options and fees will be displayed on the Site at the time the retail agreement is offered. The terms applying to that agreement are incorporated into this Agreement. Prices for all retail agreements exclude all applicable taxes unless stated otherwise and are in the form of US Dollars. To the extent that the law allows, you are responsible for any applicable taxes, whether or not they are listed on the Site.
Heartland Farms uses a designated third-party PCI compliant payment platform to store credit and debit card information and process transactions for your retail agreement. You are responsible for all transactions processed through the Service. Heartland Farms is not liable for any loss or damage from errant or invalid transactions processed through the third-party payment platform.
Initial Purchase. Charges are processed immediately during checkout in accordance with the details displayed to you during the checkout process. Retrying Transactions that Fail. In the event that a retail agreement charge is unsuccessful, Heartland Farms may retry charges to your credit card for up to 60 days. Heartland Farms may also opt to automatically put you on a payment plan that splits your retail agreement charges into equal monthly payments. In this case, the sum of the payments in the payment plan will not exceed your original retail agreement charges. While on a payment plan, you may still cancel at any time and are not liable for the remaining payments should you choose to cancel.
Valid Credit Card. It is your responsibility to ensure that Heartland Farms has valid credit card information for your account. Heartland Farms may also use third-party services to retrieve updated credit card information for your account.
Cancellation and Opting Out of agreement. To cancel your Heartland Farms retail agreement call us at (800) 372-4811 or go here. You will continue to have access to all the Heartland Farms features through the end of your current billing period. Refunds. Retail Agreements that are canceled before the retail items purchased have been packaged and shipped will not incur any payment obligation. Retail Agreements canceled after the retail package has shipped will not receive a refund of any retail agreement payments. To manage any retail agreement initiated via the Heartland Farms website, please click here. Other Terms. Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
Heartland Farms may make retail agreements available through third-party applications and web sites (“Third-Party Offering”). If you purchase your Heartland Farms retail agreement through a Third-Party Offering you are bound by the payment, cancellation, renewal and refund terms of that particular Third-Party Offering and the terms in Section 3.1 do not apply. These terms will be disclosed by the Partner when purchasing a Third-Party Offering.
We will generally contact you to let you know about changes to our Services and the products related to our Services. You may opt out of our email communications by following the unsubscribe instructions located within the email communications. You agree that any disclosure, notice, agreement, or other communication that we send to you electronically will satisfy any legal requirement, including that such communication be in writing.
By submitting recipes, photographs, ratings or reviews (“User Contribution”), you grant Heartland Farms an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to use, display, modify, reproduce, publish, distribute in any manner existing now or to be developed in the future without compensation of any kind to you or any third party. By submitting any User Contributions, you represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Heartland Farms, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User of the Site.
Heartland Farms reserves the right to delete or refuse to post, at our sole discretion, any submitted content for any reason.
Heartland Farms does not allow submitted items that contain:
Heartland Farms is committed to providing simple, balanced meals to help individuals make healthy choices in consultation with their personal physician.
Heartland Farms does not:
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, YOUR USE OF THE SITE, THE CONTENT AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, CONTENT AND ANY SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HEARTLAND FARMS NOR ANY PERSON ASSOCIATED WITH HEARTLAND FARMS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, CONTENT OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER Heartland Farms NOR ANYONE ASSOCIATED WITH EEMALS REPRESENTS OR WARRANTS THAT THE SITE, CONTENT, OR ANY SERVICES OR OTHER ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR CONTENT OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, Heartland Farms HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Heartland Farms, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY CONTENT OR SERVICES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Heartland Farms, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s Content and Services, other than as expressly authorized in these Terms, or your use of any information or Content obtained from the Site.
The Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Maryland.
If a dispute arises between you and Heartland Farms, our goal is to provide you a neutral and cost effective way to resolve the dispute quickly. You agree to first contact the Heartland Farms Customer Service team by phone or email via the contact information below to describe the problem and seek a resolution. If that does not resolve the issue, then, except as otherwise provided in these Terms, you and Heartland Farms agree that any dispute or claim relating to these Terms or your access or use of the Site or Services will be resolved through binding arbitration, rather than in court; provided, however, that you may assert claims in small claims court if your claims qualify.
(a) YOU AND HEARTLAND FARMS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OR YOUR PURCHASE OF OR ACCESS TO THE SERVICES OR THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section of these Terms. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR Heartland Farms WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Notice. If either you or Heartland Farms elects to initiate arbitration, the initiating-party must notify the other in writing via certified mail, return receipt requested, or hand delivery within the applicable limitations period. The demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to:
Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE SITE, CONTENT OR SERVICES OF Heartland Farms MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Heartland Farms reserve the right to assign or transfer our rights and obligations under this Agreement. These Terms are personal to you and, as a result, you may not, without the written consent of Heartland Farms, assign or transfer any of your rights and obligations under this Agreement. There will be no third-party beneficiaries to this Agreement.
No waiver by Heartland Farms of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Heartland Farms to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
This Agreement, including any terms, conditions and policies expressly referenced herein (including our Privacy Policy), together with any legal notices published on the Site, will constitute the complete understanding and agreement between you and Heartland Farms, and will supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Heartland Farms.
Heartland Farms respects the intellectual property rights of others and requires that users of our Site and Services do the same. U.S. copyright law does not protect recipes that include only listings of ingredients. However, Copyright protection may extend to a description, explanation, or illustration that accompanies a recipe or formula or to a combination of recipes such as in a cookbook. Should you have a copyright complaint, please contact our Customer Service team, as provided below.
For questions or comments regarding these Terms, please contact the Heartland Farms Customer Service team by email at support@heartlandfoods.com.
