LAST UPDATE: April 12, 2021
You may not interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site. You may only use this Site for lawful purposes.
Heartland does not knowingly or intentionally collect personal information from children under the age of 13. This Site is directed at adults and is intended for use only by adults over the age of 13. If you are under the age of 13, you may not submit any personal information to Heartland at or through this Site, and you should consult with an adult for assistance in using this Site.
Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Site, you may not enter into this agreement or use this Site. By using this Site you are explicitly stating that you have verified in your own jurisdiction if your use of this Site is allowed.
We make no representation that materials in this Site are appropriate or available for use in all locations. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We reserve the right to limit the availability of the Site, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other product provided.
During the registration process we will collect personal information that may include (but is not limited to) your name, email address, birthdate and password, gender, and home address. Your information may be used by us:
- to verify your eligibility to create and to maintain your Account and to use features of the Site limited only to members;
- to ensure that your Account, including your email, is unique;
- to enable us to provide certain security and privacy safeguards;
- to deal with security, debugging and technical support issues;
- to protect ourselves and others from abuse; and
You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer your right to use or access this Site via your username or password to any third person.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING POSTINGS) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
You acknowledge and agree that Heartland is not responsible for the conduct of users in the interactive areas of Heartland’s websites. HEARTLAND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, LIABILITY, CLAIMS, SUITS, COSTS, EXPENSES, DAMAGES (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, OR OTHER CAUSE OF ANY KIND BASED UPON OR RESULTING FROM ANY MATERIAL OR CONTENT POSTED IN THE INTERACTIVE AREAS OF HEARTLAND’S WEBSITES. You acknowledge and agree that you may be exposed to content that you may find offensive, indecent or objectionable and, that in such respect, you use Heartland’s websites at your own risk.
4. PERSONAL USE ONLY
This Site is only for personal use. You may not use this Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
5. CODE OF CONDUCT
You are solely responsible for the content of any communications by you with third parties, including any communications about, concerning or through this Site.
You agree that you will not:
- Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of them;
- Attempt to gain unauthorized access to any Site account, computer systems or networks associated with the Heartland or the Site;
- Obtain or attempt to obtain any materials or information through the Site by any means not intentionally made available or provided by Heartland;
- Use any robot, spider, or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
- Impersonate or attempt to impersonate Heartland, a Heartland employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
While using this Site you agree to comply with all applicable laws, rules and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Site.
While we endeavor to keep downtime to a minimum, we can’t promise that this Site will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Site, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this Site.
7. CURRENCY OF WEBSITE
Heartland updates the information on this Site periodically. However, Heartland cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site. Heartland may revise, supplement or delete information, services and/or the resources contained in this Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.
8. LINKED WEBSITES
9. INTERNET SOFTWARE OR COMPUTER VIRUSES
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site.
Heartland shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any of User Materials or other content from this Site. Heartland recommends that you install appropriate anti-virus or other protective software.
10. SWEEPSTAKES, CONTESTS AND GAMES
11. OUR MATERIALS
This Site is owned and operated by Heartland in conjunction with others pursuant to contractual arrangements.
Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Heartland Food Products Group, LLC and its licensors. ALL RIGHTS RESERVED.
Heartland may make certain content, software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively “Heartland Materials”) available to you from this Site, from time to time. If you download or use Heartland Materials, you agree that such materials are licensed for your limited personal use only and not sold or assigned and: (i) may only be used for your personal and non-commercial use, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Heartland’ prior written permission, and (iii) shall be only be used in compliance with any additional license terms accompanying such materials. Heartland does not transfer either the title or the intellectual property rights to the Heartland Materials, and retains full and complete title to the Heartland Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Heartland Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled Heartland Materials into a human-perceivable form. Heartland or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
All rights not expressly granted herein are reserved by Heartland. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
This Site, (including its organization and presentation and Heartland Materials) is the property of Heartland and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.
12. YOUR MATERIALS
Heartland welcomes you to use the Site, the forums offered by Heartland through the Site to post, download, display, perform, transmit or otherwise distribute information or other content provided by you or at your direction, including but not limited to your name, username, likeness, personal comments, opinions, ideas for product use and/or ideas for game play methods using Heartland’s products, photographs, video material, or other content (collectively, “User Materials”).
By providing User Materials to Heartland through this Site, and other websites or forums owned by Heartland, you represent that your User Materials are provided voluntarily. You agree that your User Materials are not confidential and no confidential relationship is established with Heartland. By posting User Materials to this Site, you represent and warrant that you have all right, title and interest necessary to post such User Materials and you agree that Heartland may copy, reproduce, publish, distribute, display, transmit, sell, prepare derivative works based on, and otherwise use (for any purpose whatsoever and in any medium) any of your User Materials, without attribution or compensation to you.
You hereby grant to Heartland a non-exclusive, perpetual, unlimited, royalty-free and irrevocable license to copy, reproduce, publish, distribute, display, perform, transmit, broadcast, sell, offer for sale, license, modify, prepare derivative works based on, and otherwise use (for any purpose whatsoever and in any form or medium whatsoever) your User Materials, including any and all copyrights, patents, publicity rights and privacy rights therein, by and on behalf of Heartland without compensation for any purpose on any medium, whether printed, digital, or otherwise. The foregoing authorization and any use of User Materials that you submit is without royalties, fees, or limitations. You represent and warrant that you are fully authorized to make all authorizations, licenses and/or warrantees that are made herein and acknowledge that any submissions that you make will not be returned to you regardless of whether the User Materials are used by Heartland.
You agree that Heartland may publish or otherwise disclose your name or username in connection with your User Materials. By posting User Materials on this Site, you warrant and represent that you own the rights to the User Materials or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Materials and that such User Materials do not violate any applicable laws or any rights of third parties. You agree that the burden of proving that any User Materials do not violate any laws or third party rights rests solely with you.
You are solely responsible for your User Materials. You are solely responsible for making and keeping backup copies of your User Materials and for applying the appropriate level of access rights to same. Heartland shall not be responsible or liable for the deletion or accuracy of any User Materials, the failure to store, transmit, encrypt (or otherwise secure) or receive any User Materials, or the storage, transmission, encryption (or other security) or receipt of any other communication involving the use of this Site.
You are solely responsible for obtaining and maintaining any necessary consents or permissions from any third party whose information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any User Materials or any communications involving the use of this Site and agree to obtain and maintain all such consents or permissions.
13. DISCLAIMER OF WARRANTIES
THIS SITE, THE SERVICES AND THE CONTENT AND OTHER MATERIALS AVAILABLE THEREIN (“MATERIALS”) ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. HEARTLAND DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. YOU SPECIFICALLY ACKNOWLEDGE THAT HEARTLAND AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE SITE, SERVICES, OR MATERIALS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. HEARTLAND FURTHER MAKES NO WARRANTY THAT THE SITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT HEARTLAND, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE SITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST HEARTLAND FOR DISSATISFACTION WITH THE SITE OR ITS CONTENT IS TO CEASE YOUR USE OF THE SITE AND/OR THE CONTENT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.
14. LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
15. LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR HEARTLAND TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY HEARTLAND, HEARTLAND WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.
16. CONTACTING HEARTLAND
17. YOUR COMMENTS
Feel free to email your comments, suggestions and feedback (“Comments”) to Heartland at the e-mail addresses provided in this Site. You agree with respect to any Comments provided by you to us, via e-mail or otherwise, that: (i) Heartland has no obligation concerning such Comments; (ii) such Comments are non-confidential; (iii) Heartland may use, disclose, distribute or copy such Comments and may use any ideas, concepts or know-how contained in such Comments for any purpose and without restriction or obligation to you and without payment of any royalties to you; and (iv) such Comments are truthful and do not violate the legal rights of others.
18. ACCESS RELATED TO ALLEGED VIOLATIONS
To ensure that Heartland provides a high quality experience for you and for other users of this Site, you agree that Heartland or its representatives may access your Account and all information and any records related thereto on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of this Site, and you agree to give Heartland full access to your Account and all information and records related thereto without the need for additional authorization and without any claim to privacy or other rights to such Account and related information and records.
In order to safeguard the public to ensure that consumers are buying genuine and safe Promise Beverage™ products, Promise Beverage is the only authorized reseller of its products on amazon.com. Promise Beverage does not authorize any reseller to advertise or sell Promise Beverage products on amazon.com. Resellers may not sell the Products to distributors who sell on third-party marketplaces or for further distribution in any manner on amazon.com. Reseller may sell on its own company-owned e-commerce enabled web pages or its own store.