Terms Of Use

Effective Date / Date of Last Revision: August 17, 2018

Welcome to the Heartland Produce Co. website (the “Site”). The Site is owned and operated by Heartland Produce Co. (“Heartland Produce,” “we,” or “us”) and is publicly accessible at www.heartlandproduce.com. The Site is designed to provide information about the wholesale distribution of produce and associated services of Heartland Produce Co. (the “Services”).

These Terms of Use (“Terms of Use”), along with the Heartland Produce Co. Privacy Policy (“Privacy Policy”) constitute a legally binding agreement between you and Heartland Produce (collectively, the “Agreement”). Each time you use the Site and/or Services, you agree to be bound by the terms of the Agreement.  Please read the Terms of Use and Privacy Policy carefully. Your access to and use of the Site is subject to these Terms of Use, the Privacy Policy and all applicable laws. By accessing and using the Sites and Services in any manner, you agree to be bound by these Terms of Use. If you do not agree to adhere to these Terms of Use or the Privacy Policy, then you may not use the Site or Services.

We reserve the right to change these Terms of Use and our Privacy Policy, and will provide you with notice if we do.  If you do not agree to any changes made to these Terms of Use or our Privacy Policy, you may no longer use the Site or Services. We may also change, suspend, or end access to all or any part of the Sites and Services at any time, in our discretion.

BY USING AND/OR ACCESSING ANY PART OF THE SITE OR SERVICES, YOU UNCONDITIONALLY AND EXPRESSLY ACKNOWLEDGE, REPRESENT AND AGREE THAT YOU: (A) ARE OVER 13 YEARS OF AGE; (B) HAVE READ AND UNDERSTAND THESE TERMS OF USE AND THE PRIVACY POLICY; (C) UNDERSTAND THAT YOU ARE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY; AND (D) WILL COMPLY WITH THESE TERMS OF USE, THE PRIVACY POLICY AND ANY APPLICABLE LAWS AND REGULATIONS.

License to Use the Site and Services.

Subject to these Terms of Use and the Privacy Policy, Heartland Produce grants you a limited, non-transferable license to access and use the functionality, features, content and information provided through the Site and/or Services for the purposes of obtaining information about the goods and services provided by Heartland Produce Co.  You may not use the Site or Services for any other purpose without first obtaining written permission from Heartland Produce.

Ownership Rights.

You expressly acknowledge and agree that Heartland Produce and/or its content providers and partners own all of the content, trademarks, copyrights and other intellectual property related to the Site and Services.

User Registration.

To use the Site and Services, you will be required to set up an account with Heartland Produce.  During registration, you will be required to provide your name and contact information.  You may also submit additional information, including text and photos to build your user profile.  You will be solely responsible for all information you provide to us.  You will also be solely responsible for the security of your account credentials and any activity (whether authorized or unauthorized) that takes place through your account.  You agree to notify us immediately of any unauthorized uses of your account or any other breach of security.

You agree not to submit false information to Heartland Produce or anyone else through the Site or Services. By creating an account on the Site, you consent to receive periodic communication from Heartland Produce and other users of the Site, including (without limitation) mentors and mentees.

IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, AN AUTHORIZED PARENT OR GUARDIAN MUST SIGN YOUR ACCOUNT APPLICATION AND EXPRESSLY CONSENT TO THESE TERMS OF USE AND THE PRIVACY POLICY BEFORE YOU MAY CREATE AN ACCOUNT AND/OR USE ANY SERVICES.  If you have any questions on how to do this, please contact Heartland Produce at: moc.e1542715014cudor1542715014pdnal1542715014traeh1542715014@liam1542715014.

Your Information and Your Rights.

You own the information you provide through the Site.  Our use of that information is governed by the terms of our Privacy Policy. By submitting your information and other content to the Site, you grant Heartland Produce and other users the royalty-free, fully paid up, non-exclusive, irrevocable, worldwide, transferable license to use, copy, modify, distribute, publish, create derivative works, process and compile with other information without further notice, consent or compensation.

We do not review the information provided by users of the Site and Services, and therefore cannot provide any warranties regarding the truthfulness, appropriateness or accuracy of such information.  We are not responsible for any damages you may incur through your reliance on this information and you disclaim any and all rights relating to the same.  By posting, uploading, inputting, providing or submitting content or other information, you represent and warrant that you own or otherwise control all of the rights to your submitted content, information and communications (as applicable) including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content and communications and grant the license above.

Your Obligations to Us.

In exchange for use of the Site and/or any Services, you agree to the following:

  1. You’re at least 13 years of age. The Site and Services are designed for individuals 13 years old or older. We do not knowingly collect information from individuals under 13 years old without first obtaining verifiable parental consent.
  2. If you are under 18 years of age, you will ensure a parent or legal guardian agrees to these Terms of Use and the Privacy Policy when your account is created and/or any time you receive notice that our Terms of Use and/or Privacy Policy have changed.
  3. You agree not to create false accounts or to provide false information. You represent and warrant that the contact information and account information you provide is truthful at the time you provide it.
  4. The security of your account is your responsibility. You agree to choose a strong password and keep it private to you. You’re responsible for any and all activity on your account. If you suspect misuse of your account, please contact us immediately.
  5. From time-to-time we may need to contact you in order to provide important notices about your account.
  6. When using the Site and/or Services, you will obey all applicable laws.
  7. You will not engage in any of the following activities:
    • Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements.
    • Creating a username that is offensive or violates anyone else’s trade secret, copyright, privacy right, publicity right or other intellectual property right.
    • Engaging in activity that is unauthorized advertisement or promotions, including unauthorized solicitation of users of the Site and/or Services.
    • Collecting personal information of other users of the Site and/or Services without such user’s consent.
    • Engaging in activity that compromises the Site and/or Services. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing, and transferring any malware to the Site or other users of the Site or Services.
    • Allowing unauthorized access, whether intentionally or unintentionally, to the Site and/or Service.
    • Using the Site, Services and/or any information or content available through the Site or Services in any manner that is not expressly permitted under these Terms of Use.
    • Taking any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data load on the Site system or infrastructure;
    • Interfering or attempting to interfere with the proper working of the Site and/or Services; or
    • Bypassing measures used to prevent or restrict access to the Site and/or Services, violating or attempting to violate the security or authentication measures of the system, or attempting to prove, scan, or test the vulnerability of a system or network without proper written authorization from us.

The license granted to you under this Terms of Use to access and use the Site and Services shall automatically terminate if you violate any of these restrictions. We reserve the right to disclose the identity of anyone posting or transmitting information or materials violating the above prohibitions.

Accessibility.

We value all of our users, and it is our goal to provide an excellent online experience for all our users, including our users with disabilities. You understand and accept, however, that some of the features of the Site and/or Services may not be fully accessible because they are provided by third-party platforms, such as social media platforms, instead of us. If you have comments regarding the accessibility of the Site and/or Services, or would like to report an issue you are experiencing, please email us at moc.e1542715014cudor1542715014pdnal1542715014traeh1542715014@liam1542715014.

DISCLAIMERS AND LIMITS ON LIABILITY.

THE SITE AND SERVICES, AND ALL INFORMATION AND MATERIALS AVAILABLE THROUGH THE SITE AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS, ACCESSIBILITY AND NON-INFRINGEMENT). HEARTLAND PRODUCE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE “HEARTLAND PRODUCE PARTIES”) MAKE NO REPRESENTATION OR WARRANTY REGARDING: (A) THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, ACCESSIBILITY, RESULTS OR PERFORMANCE OF THE SITE AND SERVICES; (B) THE EXISTENCE (OR ABSENCE) OF ANY VIRUS, WORM, MALWARE, MALICIOUS CODE OR OTHER DISABLING DEVICES OR CODE FROM ANY SOURCES; (C) THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY; (D) ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES); (E) LOSS, USE OR MISUSE OF YOUR DATA.

FURTHER, WHILE HEARTLAND PRODUCE ENDEAVORS TO ASSIST IN THE CREATION OF POSITIVE MENTOR/MENTEE RELATIONSHIPS, HEARTLAND PRODUCE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SAFETY OR VALUE OF SUCH RELATIONSHIPS.  ANY ACTIONS, INACTION OR INFORMATION PROVIDED BY ANY OTHER USER OR THIRD PARTY IS ATTRIBUTABLE ONLY TO THAT USER AND/OR THIRD-PARTY AND NOT TO HEARTLAND PRODUCE.

YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. YOU AGREE THAT THE HEARTLAND PRODUCE PARTIES ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE HEARTLAND PRODUCE PARTIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO HEARTLAND PRODUCE FOR THE USE OF THE SITE AND/OR SERVICES WITHIN THE LAST TWELVE MONTHS TO ACCESS OR USE THE SITE AND SERVICES WHICH FORM THE BASIS OF YOUR CLAIM, OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO HEARTLAND PRODUCE. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY HEARTLAND PRODUCE IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST ANY OF THE HEARTLAND PRODUCE PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.

Indemnification.

You agree to indemnify, defend and hold harmless Heartland Produce and its affiliates, employees, agents, representatives and third party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site and/or Services.  Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Site and/or Services, or breach the terms of these Terms of Use or any applicable law.

Third-Party Links.

The Site may contain links to other third-party websites. Such third-party websites are maintained by persons or organizations over which Heartland Produce exercises no control. Heartland Produce expressly disclaims any responsibility for the content or results from your use of such third-party websites.

Copyright Complaints.

Heartland Produce respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Heartland Produce’s copyright agent with the following information.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • Description of the copyrighted work that you claim has been infringed;
  • The location on the Site of the material that you claim is infringing;
  • Your address, telephone number and e-mail address;
  • A statement that your claim of infringement is based on a good faith belief; and
  • A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Heartland Produce’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:

Email us at: moc.e1542715014cudor1542715014pdnal1542715014traeh1542715014@liam1542715014

Mail us or call us at:

Heartland Produce Co.
4550 70th Avenue
Kenosha, WI 53144
(262) 653-1000

Consent to Receive Electronic Notifications.

Electronic communication is the most effective and timely way to provide the users of the Site and/or Services with any optional or required notifications and disclosures. In some circumstances, however, state and/or federal laws may require us to send you disclosures or communications in paper format unless you have affirmatively consented to receiving electronic notifications only in advance of the notification. Through this Agreement, pursuant to 15 U.S.C. § 7001, you hereby affirmatively consent to receive electronic notifications and disclosures from us only (without requiring a paper copy) and you represent that, to date, you have not withdrawn such consent. You have the right to change your mind and withdraw your consent at any time. If you would like to withdraw your consent to receive electronic notifications and/or would like to request a paper copy of any electronic notifications you receive, please contact: moc.e1542715014cudor1542715014pdnal1542715014traeh1542715014@liam1542715014. To receive electronic records, you will need access to a smart phone, tablet, laptop or computer with Internet access and either email software (such as Microsoft Outlook) or access to a web-based electronic mail software platform, such as Gmail, Yahoo or other electronic mail provider.

Severability.

If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety and the remainder of these Terms of Use shall survive with the said offending provision eliminated.

Website Availability.

HEARTLAND PRODUCE CANNOT GUARANTEE THE SITE WILL BE AVAILABLE 100% OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH HEARTLAND PRODUCE STRIVES TO PROVIDE THE MOST RELIABLE WEBSITES REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SITE ARE UNAVOIDABLE AND HEARTLAND PRODUCE DISCLAIMS ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.

Headings.

Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms of Use.

Controlling Law and Venue.

It is understood and agreed that all the construction and interpretation of these Terms of Use and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Wisconsin, without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to these Terms of Use or arising out of the relationship between the parties shall be brought exclusively in the courts of Milwaukee, Wisconsin.

Questions

If you have any questions about Heartland Produce, the Site, our products, the Services, the Privacy Policy, or these Terms and Conditions, you may contact us at:

Heartland Produce Co.

By Email: moc.e1542715014cudor1542715014pdnal1542715014traeh1542715014@liam1542715014

By Phone: (262) 653-1000

By Mail:

4550 70th Avenue
Kenosha, WI 53144