Legal Terms and Conditions
Effective Date: September 2nd, 2019
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. THESE TERMS ARE PROVIDED TO YOU BY FOOD LION, LLC AND ITS AFFILIATES (COLLECTIVELY, “FOOD LION”) AND GOVERN YOUR USE OF ANY PART OF THE WEBSITE, MOBILE APPLICATION, DIGITAL SERVICE OR OTHER SYSTEM OR SITE ON WHICH THESE TERMS ARE POSTED, INCLUDING ANY FUNCTIONALITY, CONTENT AND SERVICE INCLUDED THEREIN AND MADE AVAILABLE TO YOU BY FOOD LION (COLLECTIVELY, THE “SITE”). THESE TERMS SHALL APPLY AND BECOME BINDING ON THE FIRST DATE THAT YOU ACCESS ANY PART OF THE SITE OR USE ANY OF THE FUNCTIONALITY PROVIDED THROUGH THE SITE.
BY ACCESSING OR USING THE SITE OR BY OTHERWISE ACCEPTING THESE TERMS, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND THAT THESE TERMS GOVERN YOUR USE OF THE SITE. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE.
NOTICE OF BINDING ARBITRATION AND WAIVER OF CLASS ACTION: THESE TERMS INCLUDE A MANDATORY BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH LIMIT YOUR RIGHTS IN THE EVENT OF A DISPUTE RELATED TO THIS SITE. PLEASE REFER TO THE “ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” SECTION BELOW FOR MORE INFORMATION.
- Changes to Terms
- Minimum Age
- Additional Terms, Conditions and Policies of Food Lion
- Links to Third Party Sites
- Cautionary Statement Regarding Forward-Looking Information
- Termination by Food Lion; Surviving Terms
- Food Lion Shop & Earn Program Terms and Conditions
- Privacy Statement
- HIPAA Notice of Privacy Practices
- Pharmacy and Medical Content
- Product and Service Images and Descriptions
- Site Content
- Use of the Site
- User Submissions
- Digital Millennium Copyright Act (“DMCA”) Infringement Notice
- Use of the Food Lion Mobile Application
- Account Creation
- Consent to Electronic Communications
- Text Communications
- Pricing and Promotions
- Delivery/Pick-up Terms
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- Governing Law
- Arbitration Agreement and Class Action Waiver
- Export Control
- Contact Information
1. Changes to Terms
We may make changes to these Terms from time to time. Any changes to these Terms will be posted on the Site and we will indicate the date the Terms were last updated at the top of the updated version of these Terms. You understand and agree that your continued use of the Site after we have made any such changes constitutes your acceptance of the new Terms. If we make any material changes to these Terms, we will make a reasonable effort to inform you of such changes. However, it is your responsibility to review the Terms posted to the Site from time to time to see if they have been updated.
2. Minimum Age
You represent that you are at least 18 years of age (or the age of majority in the State in which you reside). If you are under the age of 18 (or the age of majority in the State in which you reside), but at least 13 years of age, you may use the Site only under the supervision of your legal guardian who has agreed to be bound by these Terms. This Site is not intended for, and you may not use this Site if you are under 13 years of age.
Certain products are subject to age restrictions, and Food Lion will not sell those products to individuals that do not meet the minimum age requirements.
3. Additional Terms, Conditions and Policies of Food Lion
Please note that certain products, services, programs, promotions, or other offers of Food Lion may be governed by additional or separate terms, conditions or policies, including but not limited to, the terms relating to the Food Lion Shop & Earn Program, promotional programs or gift cards. In some instances, there may be promotional programs that are not available to beneficiaries of state- or federally-funded programs. If you wish to review the terms and conditions that apply to these programs, please visit any Food Lion store, check elsewhere on Food Lion’s website and app or contact us through any of the methods detailed below. It is your responsibility to comply with those terms and conditions, as well as all laws and regulations that apply to your purchase and use of any Food Lion product or service. In the event of any conflict between these Terms and any other terms, conditions or policies, such other term, condition, or policy will govern solely with respect to those products, services, programs, promotions, or other offers, as may be further explained in such terms, conditions or policies.
- Privacy Statement
- HIPAA Notice of Privacy Practices
- Food Lion Shop & Earn Program Terms and Conditions
5. Cautionary Statement Regarding Forward-Looking Information
This Site, and the documents available through this Site, contain forward-looking statements within the meaning of the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995. Words such as “intends,” “will,” “may,” “estimates,” “plans,” “anticipates,” “believes,” “expects,” “could” or other similar words or expressions are typically used to identify forward-looking statements. Forward-looking statements are subject to risks, uncertainties and other factors that are difficult to predict and that may cause actual results or outcomes to differ materially from those expressed or implied by such forward-looking statements. Factors that could cause results to differ materially from those in the forward-looking statements are detailed from time to time in reports filed by Koninklijke Ahold Delhaize N.V. with the SEC. Forward-looking statements reflect the current views of Koninklijke Ahold Delhaize N.V.’s management and assumptions based on information currently available to management. Forward-looking statements speak only as of the date they are made and Koninklijke Ahold Delhaize N.V. expressly disclaims any obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
6. Termination by Food Lion; Surviving Terms
Food Lion reserves the right, in its sole discretion, to limit or terminate or suspend your access to or use of the Site, in whole or in part, at any time without notice. Termination of such access or use will not waive or affect any other right or relief to which Food Lion may be entitled at law or in equity.
Upon any such termination or suspension, your right to use the Site will immediately cease and you must discontinue use of the Site and delete or uninstall the Site from your mobile device, as applicable. Food Lion reserves the right to immediately and permanently deactivate your Account and delete any information or content stored through your Account. The following Sections will survive any termination or expiration of these Terms: Sections: 2, 6 – 17, 19 – 20, 23 – 29.
7. Food Lion Shop & Earn Program Terms and Conditions
These Food Lion Shop & Earn Rewards Program Terms and Conditions (the “Program Terms”) set forth certain rules and limitations applicable to the Food Lion Shop & Earn Rewards ("Program"). Learn more about the Program by clicking here. By participating in the Program, you specifically agree to be bound by these Program Terms, which are incorporated into and part of the Terms. Please read Program Terms carefully and keep a copy for your records. We suggest you review the Program Terms periodically, as they may be updated from time to time.
a. Program Eligibility. You must be at least 18 years of age and reside in the United States in order to register for the Program. Only retail customers of Food Lion may register for the Program. Use of the Program for commercial purposes is strictly prohibited. To enroll in the Program, or to log in to your account if you are already enrolled, click here. Food Lion reserves the right in its sole discretion to decline eligibility to any person or, in its sole discretion, to terminate any person’s participation in the Program. As a participant in the Program, you may be eligible for other offers and promotions automatically and without requiring that you go through an additional sign-up process. These offers and promotions will be complementary to the Program, subject to your ability to opt out by contacting Food Lion’s Consumer Relations team.
b. Program Benefits. Click here to view Shop & Earn benefits.
c. Exclusions & Limitations. Rewards offers must be earned within the same calendar month and expire at the end of the following month. Rewards can be used only at Food Lion, have no cash value and are not transferable. Rewards cannot be used toward the purchase of tobacco, alcohol, prescriptions, gift cards, stamps, services, including money orders, or lottery tickets and are not valid toward the purchase of dairy items in TN, PA or VA.
d. Communications Regarding the Program. By participating in the Program, you agree to receive communications from Food Lion, including mail, email and other forms of communication, as needed, regarding the Program and concerning Food Lion offers and promotions that may be of interest to you. If you opt out of receiving emails, this may preclude you from participating and receiving certain benefits of the Program. You are responsible for keeping your contact information up-to-date with Food Lion. Lost, stolen or expired rewards, coupons or points will not be replaced. Food Lion is not responsible for communications, including points, coupons, rewards or promotional offers lost due to change of address or changes in other contact information.
e. Unauthorized Access or Use. We are not responsible for any unauthorized access of your Program account, any unauthorized use of any rewards, coupons, points, promotional offers or other Program benefits. If you believe any such unauthorized access or use has occurred, you should notify us promptly using the contact information below in Section (m) of these Program Terms. Upon receipt of such notification, we will help you to set up a new account and transfer your existing points and rewards balance or other Program benefits (if any). However, we reserve the right, at our sole discretion, not to reinstate any rewards, coupons, points or other Program benefits which were redeemed by an unauthorized user of your account.
f. Opt-Out of Program. You may opt out of the Program by contacting us using the contact information below in Section (m) of these Program Terms. Once you have opted out of the Program, you are not eligible to receive additional Program benefits and available rewards and other Program benefits shall expire immediately.
g. No Transfers. Rewards and any other Program benefits may not be transferred.
h. Revocation and Termination of Account or Program. We reserve the right to cancel, terminate, suspend or revoke your rewards or Program account at any time in our sole discretion, without prior notice. Upon cancellation, termination, suspension or revocation of your rewards or Program account, you may not receive additional rewards or other Program benefits and available rewards and all other Program benefits shall expire immediately.
i. NO CASH VALUE OR PROPERTY INTEREST. For the avoidance of doubt, participation in the Program and receipt of Program benefits (including rewards) does not give you any property right or other ownership interest. Rewards and other Program benefits have no cash value whatsoever. The Program is valid only in the United States.
k. Amendments. We may amend the Program Terms at any time by posting updated or revised Program Terms to this page. Please check back regularly for any updates or revisions to the Program Terms. Unless otherwise indicated by us, any amendments shall apply to any transactions occurring on or after the effective date of the amendments. Your continued participation in the Program after the effective date of any amendment shall constitute your agreement to the amendment. If you do not wish to agree to an amendment, your sole recourse is to opt out of the Program in accordance with Section (g) of these Program Terms.
l. Contact Information. You may communicate with us regarding the Program, Program benefits and Program Terms by contacting Consumer Relations at (800) 210-9569 during the hours below or by completing a Consumer Relations Feedback Form.
Customer Relations operating hours:
Monday through Friday: 8:00 AM - 7:00 PM ET
Saturday: 8:00 AM - 5:00 PM ET
8. Privacy Statement
Please click here to view our Privacy Statement, which applies to personal information collected from or provided by you on the Site
9. HIPAA Notice of Privacy Practices
Food Lion and its affiliates are committed to protecting our customers' privacy in connection with protected health information. Our HIPAA Notice of Privacy Practices describes, among other things, the privacy protections in place for our pharmacy-related services.
10. Pharmacy and Medical Content
All content provided in the pharmacy area, and all other medical information provided via the Site, is for educational purposes only and is not intended to be construed as or substitute for the diagnosis, treatment and advice of a medical professional. You should not use this information to self-diagnose or to treat a health problem or disease. Such content does not cover all possible uses, precautions, side effects and interactions, and should not be construed to indicate that any drug is safe for you. Consult your pharmacist and your medical professional for guidance and check the product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin or supplement discussed on this Site.
11. Product and Service Images and Descriptions
We try to describe and display the features of all the products and services shown on the Site as accurately as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Site is accurate, complete, current or entirely error-free. Moreover, descriptions or images of products on the Site should not be interpreted as endorsements of such products. We may make changes to the Site at any time and without notice. The colors you see will depend on your monitor and the descriptions we provide often depend on information given to us by others. In addition, the information on the Site may contain typographical or other human errors and may not be complete or current despite our efforts. All weights and size dimensions may be approximations. If a product offered by the Site is not as described, refunds and exchanges will be handled in accordance with Food Lion’s Return Policy.
12. Site Content
All content on the Site, including but not limited to text, graphics, images, software, features, tools, code, information and other content (collectively, the “Content”), is the property of Food Lion and its licensors and is protected under United States and foreign copyright laws and other laws. In connection with your use of the Site, Food Lion grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access, view, use, print and download a single copy of the Content for your personal use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears in the Content. Food Lion may revoke this license at any time for any or no reason. Other than as expressly allowed in these Terms, any other use of the Site or Content is expressly prohibited. You may not sell or modify Content or reproduce, display, distribute or otherwise use Content in any way for any public or commercial purpose without Food Lion’s prior written consent. Use of Content on any online or digital platform or in a networked environment other than as expressly authorized herein is prohibited. Unauthorized use of Content may be in violation of copyright, trademark and other laws.
The Content we choose to make available on the Site from time to time may be used solely for personal, noncommercial purposes in compliance with all laws and regulations that apply to you.
Without limitation of the foregoing, the Site may contain certain content from third parties Content may be subject to its own additional license terms and policies. You should refer to the terms and policies posted on third party websites prior to using any such site. Food Lion does not endorse, oppose or edit any opinion, claim, or analysis expressed by any third party. YOU AGREE THAT FOOD LION IS NOT RESPONSIBLE FOR THE SUBSTANCE OR ACCESSIBILITY OF ANY THIRD-PARTY CONTENT ACCESSIBLE THROUGH THE SITES AND UNDERSTAND THAT YOU BEAR ALL RISKS ASSOCIATED WITH YOUR ACCESS TO AND/OR USE OF SUCH CONTENT.
13. Use of the Site
We expect you to use the Site responsibly and to respect the rights of others. You agree that when using the Site or submitting any Submissions to the Site, you will not:
- access data not intended for you or log onto a server or an account that you are not authorized to use;
- circumvent or modify, attempt to or assist another in circumventing or modifying any security technology or software that is part of the Site;
- interfere with service to any other user, or the software, networks or systems that we use to bring the Site to you, such as by submitting a virus or overloading, "flooding," "spamming," "mailbombing" or "crashing" the Site;
- modify, alter or prepare other works based on the Site’s Content, or distribute copies of or publicly perform or display such Content, such as by posting the Content on any network computer or distributing the Content on or in any media, including any effort to decompile, reverse engineer or otherwise attempt to derive source code, underlying ideas, algorithms, structure or organization of the Site;
- use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler or robot) to navigate, search, and/or extract information from the Site other than the search tools available on the Site and other generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer);
- transmit or disseminate any kind of material that contains malware, viruses, bots, worms or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of the Site; or
- use the Site in a manner that is inconsistent with any and all applicable laws and regulations.
The names, marks and logos appearing in the Site’s Content are, unless otherwise noted, trademarks owned by or licensed to Food Lion. The use of these marks, except as provided in these Terms, is prohibited. From time to time, Food Lion makes fair use in the Contents of trademarks owned and used by third parties. Food Lion makes no claim to ownership of those marks.
You may not use Food Lion’s trade name, trademarks, service marks or other intellectual property assets or its branded products and services for promotional, advertising or any other commercial purpose, unless and to the extent Food Lion specifically agrees in writing
15. User Submissions
Food Lion welcomes your comments and contributions to our Site. However, you acknowledge that if you send or submit to Food Lion any suggestions, ideas, comments, photos, videos, recipes, or other user-generated content (collectively, "Submissions") through or in connection with the Site, including on the Service's interactive features, such as product reviews, recipe exchanges, message boards or on third party social media platforms (through your use of promotional hashtags designated by Food Lion), you are granting Food Lion a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, prepare derivative works based on and publicly perform, display and distribute such Submission for any purpose whatsoever, without restriction and without compensating you in any way. You also grant and are authorized to grant Food Lion the right to use, without consideration, any name or likeness you submit with any Submission. You agree this license is effective automatically (without further action by you) when you submit the Submission to Food Lion.
You should not send us any Submission that: you are legally prohibited from sharing or disclosing to us, contains product or service ideas that you intend to derive revenue from, or includes information you wish to remain confidential. You understand that your Submission may be made publicly available and Food Lion is not responsible for any use or misuse (including any distribution) by any third party. IF YOU CHOOSE TO SUBMIT ANY PERSONAL INFORMATION THROUGH OR IN CONNECTION WITH THE SITE, YOU DO SO AT YOUR OWN RISK.
You represent and warrant that: (i) you own or otherwise control all the rights in any Submission you submit, and (ii) that the Submission is non-infringing and does not otherwise violate the rights of any person or entity. You will indemnify Food Lion for all claims resulting from Submission you submit to the Site.
As a user of the Site, you are responsible for your communications and the consequences of their posting. Therefore, you agree to not do any of the following things on the Site:
- transmit to Food Lion material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
- send material that reveals trade secrets, unless you own them or have the permission of the owner;
- send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- send material that is false or fraudulent;
- send material that is unlawful, harmful, offensive threatening, abusive, defamatory, libelous, harassing, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically or otherwise objectionable;
- send advertisements or solicitations of business;
- send chain letters, pyramid schemes, political campaigning or spam;
- send material containing viruses or other malware; or impersonate another person.
Food Lion is under no obligation to post, forward, transmit, distribute or otherwise provide any material available through the Site, including any Submission you provide to Food Lion; accordingly, Food Lion has an absolute right to remove any material available through the Site in its sole discretion at any time. Food Lion reserves the right to expel users and prevent their further access to the Site for violating these Terms or the law and reserves the right to remove any communications from the Site.
16. Digital Millennium Copyright Act ("DMCA") Infringement Notice
If you believe that any content or materials available on the Site infringes your copyright or the copyright of a person on whose behalf you are authorized to act, you may send a written notice of complaint to our designated copyright agent:
You must include the following items in your complaing:
- a description of the copyrighted work;
- a description of the material appearing on the Site (including where the material appears on the Site) that you wish to be taken down;
- your telephone number and either an e-mail address or physical mailing address where we may contact you;
- a statement by you of your good faith belief that the use of the material on the Site is not authorized by the copyright owner, the copyright owner’s agent or the law;
- a statement by you that the information in your complaint is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner.
17. Use of the Food Lion Mobile Application
If you are using Food Lion’s mobile application (the “App”), you agree to use the App in accordance with these Terms and any applicable third party terms, rules or agreements, such as those published by your third-party mobile phone or tablet operating system, wireless data service provider, or the third party from whom you are downloading the App using iTunes or Google Play, as applicable. You are responsible for reviewing the applicable iTunes or Google Play terms and conditions and complying with such terms and conditions while using the App.
Without limitation of the foregoing, if you are downloading the App through iTunes for use on an Apple-branded product, the following terms apply:
- Acknowledgment of Parties. These Terms are made between you and Food Lion, and that Food Lion, not Apple Inc. ("Apple"), is responsible for the App and the content thereof.
- Scope of the License. The license you have been granted in these Terms is limited to a non-transferable license to use the App on any Apple-branded product that you own or control and as permitted by the Usage Rules set forth in Apple's App Store Terms of Service, except that the App may be accessed and used by other accounts associated with your iTunes account via Family Sharing or volume purchasing.
- Maintenance and Support. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
- Warranty. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and, if applicable, Apple will refund the purchase price of the App to you. To the maximum extent permitted by applicable law, you agree that your recourse for warranty failure in connection with the App pursuant to these Terms shall be through Food Lion, and Apple will have no other warranty obligation whatsoever with respect to the App, nor be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
- Product Claims. You agree that your recourse for product claims arising from the App shall be through Food Lion, and that Apple is not responsible for addressing any claims from you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights. In the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, you agree that your recourse under these Terms will be through Food Lion and that Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Third Party Beneficiary. Apple and Apple's subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
18. Account Creation
In order to use certain features or functionality of the Site, including online ordering, you must establish an account with us (an "Account"). You are not permitted to share, sell, distribute or otherwise transfer your Account or allow your login credentials to be used by any other individual. You are responsible for maintaining the confidentiality of your Account and password (including any related security questions and answers), and for restricting access to your computer or other device used to access your Account. You agree that you are solely responsible for any activities or actions taken under your Account, whether or not authorized by you, including purchases. You shall notify us immediately of any unauthorized use of your Account login credentials. We are not liable for any loss or damage from your failure to comply with this section. You represent and warrant that any information you provide to us is accurate, current and complete and that you will maintain and promptly update your information to keep it accurate, current and complete. If any information you provide to us is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Site.
19. Consent to Electronic Communications
When you sign up for an Account through the Site, you have, by default, “opted in” to receiving promotional emails from Food Lion. You may at any time opt out of receiving such promotional emails by logging into your account and adjusting your profile settings, or by using the opt-out functionality embedded in such promotional emails. We may communicate and transact with you electronically through the Site or through other electronic means.
20. Text Communications
You must provide a mobile phone number and agree to these terms and conditions in order to receive SMS, MMS or text messages (“Text Communications”) from Food Lion and its service providers. Before you start receiving Text Communications from Food Lion, you will need to verify the mobile phone number by responding to a text message to your mobile phone that affirms your choice to opt in to receive Text Communications. Note that in affirming this message, you acknowledge and agree that (i) Text Communications will be sent to the number you provide and whoever has access to that mobile phone or carrier account will be able to see this information; and (ii) you are the subscriber for the number you provide and will inform Food Lion if you are no longer the subscriber. Once you affirm your choice to opt in to this service, message frequency will vary. Message and data rates apply. You can text “STOP” to the number you receive in Text Communications to opt out of this program at any time.
Please contact us here with any additional questions you may have about the content of Text Communications you receive.
21. Pricing and Promotions
Availability of Products and Features
All product, service and program features, including availability, prices, charges and fees in effect, are subject to change at any time without notice. Food Lion reserves the right, with or without prior notice, to limit the availability of or discontinue any product, service or program; and to restrict or cancel any purchase. Not all products are available at all of our store locations, or for pick up or delivery, at all times. Certain products, services and programs are subject to additional terms, conditions, policies and disclosures.
The prices applicable to your order will be those in place on the date the order was placed. Promotional prices and discount offers are valid only during the applicable period indicated in the promotion. Such promotional prices may not be available in physical Food Lion stores. Likewise, promotional prices and discount offers offered in physical Food Lion stores or on other sites or services may not be available through the Site. Certain services, products and/or programs may not be available at all locations. Prices at Food Lion stores or on other sites or services may vary from the prices listed on the Site, and these stores will have no obligation to honor or match such prices. Prices are in U.S. dollars, are subject to change, and do not reflect any applicable taxes.
Variable Weight Items
The per item price you see in your shopping cart for items we price by the pound/ounce is based on an estimated weight. The final price of these items will be based on the same price per pound/ounce indicated upon completion of checkout, but the actual price is determined once we have sourced, processed and weighed your order.
such prices. Prices are in U.S. dollars, are subject to change, and do not reflect any applicable taxes.
Promotion codes are valid only on orders placed via the Site, subject to the terms of this section. Promotion codes can be applied to your order by entering the code at checkout. All promotion codes have an expiration date after which they will no longer apply. Promotion codes may be adjusted if the total discount value is greater than the value of your order. We reserve the right to withdraw or cancel any of our promotion codes at any time, either as a whole, or for specific goods or delivery areas. If this happens, then the promotion codes may not be used for any orders placed after the date of withdrawal or cancellation. We reserve the right to reject or cancel the use of a promotion code where fraud or illegal misuse is suspected. You will have no claim against us in respect of such rejection or cancellation of a promotion code. We are not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any promotion code or any failure or inability of a customer to use a promotion code for any reason.
22. Delivery/Pick-up Terms
Food Lion partners with Instacart to offer certain online delivery and pickup services at shop.foodlion.com. Click here to view shop.foodlion.com's Terms and Conditions. Please review Instacart’s Terms of Service available here, which may be updated from time to time by Instacart.
23. WARRANTY DISCLAIMER
Although Food Lion strives for accuracy in all elements of the Site, it may contain inaccuracies or typographical errors. Additionally, while users of the Site are bound by these Terms not to submit false material, Food Lion is not responsible for the violation of these terms by users, or for the reliance by users upon false or misleading material submitted by other users. Food Lion makes no representations about the accuracy, reliability, completeness or timeliness of online material or about the results to be obtained from using the Site. You access and use the Site and any of its Content is at your own risk.
FOOD LION DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, CONTENT OR ANY COMPUTER SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SITE RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, FOOD LION SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND FOOD LION DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. FOOD LION MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS OR LINKS.
24. LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL FOOD LION BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM YOUR USE OR INABILITY TO USE ANY PART OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FOOD LION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FOOD LION’S AGGREGATE LIABILITY TO YOU, DIRECT OR OTHERWISE, EXCEED THE GREATER OF: (i) THE TOTAL PURCHASE PRICE OF THE RELEVANT ORDER, IF APPLICABLE; OR (ii) ONE HUNDRED DOLLARS ($100).
THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES IN THIS SECTION, IN WHICH CASE FOOD LION’S LIABILITY FOR DAMAGES IN CONNECTION WITH THESE TERMS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWs OF SUCH JURISDICTION.
By using the Site, you agree to defend, indemnify and hold harmless Food Lion, its affiliates and their respective officers, directors, employees, contractors and agents, from and against any and all losses, actions, claims, damages, fines, costs and expenses (including reasonable legal and accounting fees) arising from or related to your use of the Site, including the Content, or your breach of these Terms. Food Lion reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
26. Governing Law
These Terms are governed by the Federal Arbitration Act and the substantive laws of the State of North Carolina, without regard to its conflict of laws principles.
27. Arbitration Agreement and Class Action Waiver
A. Mandatory Arbitration. YOU AND FOOD LION AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE (each, a "Dispute") to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement ("Arbitration Agreement"). You and Food Lion waive the right to a trial by jury and any right to have a Dispute heard in court.
In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator's decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator's award may be entered in any court having jurisdiction thereof. A single arbitrator with the American Arbitration Association ("AAA") will conduct the arbitration, and the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the county of your residence or another mutually agreed location. The AAA's Consumer Arbitration Rules will apply. If AAA will not apply those rules, then AAA's Commercial Arbitration Rules will apply. The AAA's rules and a form that can be used to initiate arbitration proceedings are available at http://www.adr.org. You and Food Lion agree that if for any reason AAA will not conduct or becomes unavailable to conduct the arbitration, then a court may appoint a substitute arbitrator, and further agree that the choice of AAA as a forum is not integral to the Arbitration Agreement.
The arbitrator will decide all issues relating to the enforceability, interpretation, scope, and application of this Arbitration Agreement (including “gateway” issues of arbitrability, whether the Arbitration Agreement is unconscionable or illusory and any defense to arbitration), and these Terms, except that a court will resolve any question regarding the validity or enforceability of the class action waiver set forth in Section B of this Arbitration Agreement. The term "Dispute" and the requirement to arbitrate will be broadly interpreted.
B. Arbitration Class Action Waiver. You and Food Lion agree that the arbitration will be conducted solely on an individual basis and not on a class, representative, consolidated, or private attorney general basis. A Dispute may not be consolidated with a claim brought or discovery by any person or entity that is not a party to the arbitration proceeding. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding and may only award such relief as is necessary to provide relief to a party to the arbitration proceeding. If a court deems any portion of this Section B invalid or unenforceable, then Sections A and C of this Arbitration Agreement will be null and void.
C. Fees and Costs in Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Food Lion will reimburse you for those fees up to $7,500, unless the arbitrator determines the claims are frivolous. Likewise, Food Lion will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
D. Non-Arbitration Class Action and Jury Waiver. You and Food Lion agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and Food Lion waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor Food Lion may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.
E. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE YOU ACCEPT THESE TERMS, OR (2) THE DATE YOU FIRST AGREED OR ASSENTED TO AN AGREEMENT WITH FOOD LION THAT CONTAINED AN ARBITRATION PROVISION. The opt-out notice must be sent no later than the applicable deadline and emailed to: email@example.com and firstname.lastname@example.org. The opt-out notice must state that you do not agree to this Arbitration Agreement and must include your name, address, phone number and email address. This procedure is the only way you can opt out of this Arbitration Agreement, and failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt out of the arbitration provision, all other parts of this Arbitration Agreement will continue to apply.
28. Export Control
Food Lion controls and operates the Site from the United States and does not claim that any part of the Site is appropriate or may be accessed or used 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 of the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site. You agree to comply with all U.S. or other export and re-export control restrictions. You represent and warrant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or similar restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; (b) listed on any U.S. government lists of prohibited or restricted parties.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision in these Terms shall be a further or continuing waiver of such provision or any other provision in these Terms. The section names in the Terms are for convenience only and have no legal or contractual effect. You may not assign these Terms, or any of your rights or obligations hereunder, without the prior written consent of Food Lion. We may assign, transfer or sublicense any or all our rights or obligations under these Terms at any time without your prior consent. Except as expressly provided elsewhere in the Site, these Terms and any other terms and conditions expressly incorporated by reference into these Terms by Food Lion constitute the entire agreement between you and Food Lion with respect to your use of the Site.
30. Contact Information
We welcome you to contact us with any questions, comment or concerns about Food Lion's Site.
Mail: Food Lion, Attn: Consumer Relations, P.O. Box 1330, Salisbury, NC 28145
Internet: Consumer Relations Feedback Form