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Heb.com Terms of Use

 

The web site (together with any successor site(s) thereto and mobile version(s) thereof, the “Site”) and the H‑E‑B mobile apps (together with any successor app(s) thereto, each the “App”) from which you are accessing these Terms & Conditions (these “Terms”) are made available to you by H-E-B, LP and its brands and affiliates, including but not limited to H E B, Central Market, Joe V's Smart Shop, Mi Tienda, and True Texas BBQ (collectively, “H‑E‑B”, “we”, “us” or “our”) and are subject to these Terms.

The Site and the Apps are referred to collectively herein as the (“Service”). Please read these Terms carefully before using the Service. Your use of (including any access to) the Service in any manner binds you to these Terms. These Terms are effective unless and until terminated by H‑E‑B. If you do not agree with any term or condition of these Terms, do not use the Service. By using the Service, you represent that you are 18 years of age or older. If you are under the age of 18, but at least 13 years of age, you may use the Service only under the supervision of a parent or legal guardian who has agreed to be bound by these Terms.

H‑E‑B reserves the right, at any time, to change these Terms by notifying you of such changes by any reasonable means, including by posting a revised Terms through the Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. By using the Service following any such changes, you agree to be bound by such revised Terms. You may reject such changes by ceasing all use of the Services. You should periodically visit this page to review the most current Terms; the “Last Updated” legend indicates when these Terms were last changed. In addition, we may, at any time and without liability, modify or discontinue all or part of the Service (including access to the Service via third‑party links); charge, modify or waive any fees required to use the Service; or offer opportunities to some or all Service users.

Please note that certain products, services, promotions, or other H‑E‑B websites, apps or other online offerings, may be governed by separate or additional policies, terms or conditions (e.g., H-E-B Go, Gift Cards, or Floral Delivery), and you agree to comply with such policies, terms or conditions. In the event of any conflict between these Terms and any such policy, term or condition, in connection with such products, services, promotions or other websites, apps or other online offerings, such policy, term or condition will govern with respect to those particular products, services, promotions, or other offerings.

1. Privacy Notice. Please review our Privacy Policy for information about our privacy practices in connection with the Service. If you are visiting the Pharmacy section or the Nutrition Services section of the Service, please also review our H‑E‑B Retail Health Care Services Notice of Privacy Practices.

2. Jurisdictional Issues. The Service is controlled and operated from the United States and is not intended to subject H‑E‑B to any non‑U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non‑U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service’s availability at any time, in whole or part, to any person, geographic area or jurisdiction that we choose.

3. H‑E‑B’s Intellectual Property Rights.

3.1. The Service (including all content therein and the compilation of such content, including but not limited to all photos, videos, recipes, text, graphics, data, and images) is owned by H‑E‑B and/or its licensors and is subject to trademark, service mark, copyright and/or other intellectual property rights. The H‑E‑B names and logos, and all related product and service names, design marks and slogans, are the trademarks or service marks of H‑E‑B. All other marks are the property of their respective companies. Nothing contained on the Service grants any rights to use any trade name, trademark, service mark, logo, or other intellectual property without the express prior written consent of the owner.

3.2. Subject to your compliance with these Terms, and solely for so long as you are permitted by H‑E‑B to use the Site, you may view the Site to which we provide you access hereunder, solely for your personal, non‑commercial use. In addition, the App is licensed (and not sold) to end users. Subject to your compliance with these Terms, and solely for so long as you are permitted by H‑E‑B to use the App, we hereby grant you a limited, non‑exclusive, revocable, non‑transferable, non‑sublicensable license to install and use the App on a mobile device that you own or control. If you fail to comply with any provision of these Terms, you must immediately cease using the Service and remove (that is, uninstall and delete) the App from your mobile device.

4. Rules of Conduct. You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Service. In connection with the Service, you shall not:

  • Post, transmit or otherwise make available through or in connection with the Service any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
  • Post, transmit or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  • Use the Service for any purpose that is fraudulent or otherwise tortious or unlawful.
  • Harvest or collect information about users of the Service.
  • Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure or policy of such servers or networks.
  • Restrict or inhibit any other person from using the Service.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as expressly authorized herein, without H‑E‑B's express prior written consent.
  • Reverse engineer, decompile or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark or other proprietary rights notice from the Service.
  • Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, without H‑E‑B's express prior written consent.
  • Systematically download and store Service content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Service content, or reproduce or circumvent the navigational structure or presentation of the Service, without H‑E‑B's express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, H‑E‑B grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. H‑E‑B reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Service.

5. Your Account. You may need to register to use all or part of the Service. We may reject, or require that you change, any account name, password or other information that you provide to us in registering. Your account name and password are for your personal use only. 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, and you are responsibility for all activities, including purchases, that occur in connection with your account or password. Your account may not transfer to other websites owned or operated by H‑E‑B, which may require you to create a separate account. You represent and warrant that any information you provide in connection with the Service is and will remain accurate, current, and complete, and that you will maintain and update such information as needed. By creating an account, you also agree to immediately notify us if you discover or otherwise suspect any security breaches related to the Service or your account.

6. Submissions and Forums. Service users may make available certain materials, including but not limited to posts, comments, photos, videos, recipes, or other user‑generated content (each, a “Submission”), through or in connection with the Service, including on the Service’s interactive features, such as message boards, ratings and reviews, and other forums or messaging functionality (each, a “Forum”), or on third‑party social media platforms by using promotional hashtags designated by H‑E‑B. You agree to abide by the Rules of Conduct set forth in Section 4 above with regards to all Submissions. H‑E‑B has no control over Submissions and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH OR IN CONNECTION WITH A SUBMISSION OR FORUM, YOU DO SO AT YOUR OWN RISK.

7. License. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty‑free, fully paid‑up, non‑exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform, publish, translate, and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submission (including any name, username, likeness, ideas, concepts, know‑how, techniques or methodologies incorporated therein), in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials, and to develop, manufacture and market products and services). To the fullest extent permitted by law, you hereby irrevocably waive, and agree not to assert, any and all moral rights in the Submission, including but not limited to the right to be identified as the individual or username associated with the Submission and the right to object to any modification, adaptation, or other use of the Submission. You may not create, post, store, or share any Submissions for which you do not have all the rights necessary to grant us the license described above, and you represent and warrant that your Submissions, and our use of such Submissions as permitted by these Terms, will not violate any rights of any person or entity, including any third-party rights, or cause injury to any person or entity.

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Service or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place H‑E‑B under any fiduciary or other obligation.

8. Third Party Materials. Parties other than H‑E‑B may operate stores or otherwise make available services, products and content on the Service. For example, H‑E‑B provides links to third‑party websites and other resources for your convenience. Such third‑party stores, services, products, content, websites and other resources, including Submissions of third parties, are referred to collectively herein as “Third Party Materials”. H‑E‑B neither controls nor endorses, nor is H‑E‑B responsible for, Third Party Materials, including their accuracy, integrity, quality, legality, usefulness and safety, and any intellectual property rights therein. Nothing in these Terms shall be deemed a representation or warranty by H‑E‑B with respect to any Third Party Materials. H‑E‑B has no obligation to monitor Third Party Materials and may block or disable access to any Third Party Materials (in whole or part) through the Service at any time. Third Party Materials are provided for your convenience, and their availability through the Service does not imply H‑E‑B’s endorsement of, or affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

H‑E‑B DOES NOT ASSUME ANY RESPONSIBILITY FOR (1) ANY CONTENT OF, (2) ANY TECHNOLOGY IMPLEMENTED BY, OR (3) THE PRIVACY PRACTICES OF, ANY THIRD PARTY. YOUR USE OF ANY THIRD PARTY MATERIALS IS AT YOUR OWN RISK, AND IS SUBJECT TO ANY APPLICABLE THIRD‑PARTY TERMS, CONDITIONS AND POLICIES (SUCH AS TERMS AND PRIVACY POLICIES).

9. Monitoring. H‑E‑B reserves the right, but does not have any obligation, to monitor areas of the Service electronically, and to monitor, alter, evaluate or remove any Submissions before or after they appear on the Service. H‑E‑B furthers reserves the right to disclose any content, records or electronic communication of any kind, including Submissions, if required to do so by any law, rule, regulation or court order, or if such disclosure is necessary or appropriate to operate the Service or to protect H‑E‑B’s rights or property, or the rights of other Service users, or our partners, affiliates, sponsors, providers, licensors or merchants, or as otherwise permitted in our Privacy Policy.

10. Product Information Disclaimer. While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists or provide inaccurate information. Actual product packaging and materials may contain more and/or different information than that shown on the Service. For these reasons you should not rely on the information presented, but should always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer. Content on this Site is for reference purposes and is not intended as a substitute for advice given by a physician, pharmacist, dietitian, or other licensed health‑care professional. You should not use this information as self‑diagnosis or for treating a health problem or disease. Contact your health‑care provider immediately if you suspect that you have a medical problem. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Neither H‑E‑B, its content provider(s) nor product manufacturers assume any liability for inaccuracies, misstatements, or omissions.

11. Pricing and Promotions.

A. General

The prices applicable to your order will be those in place at the time the order was created, not the time of delivery or pick-up. Product prices and promotions posted on the Service, or those sent to customers by personalized e‑mail or any other online or digital method, are good only for the dates indicated. Such offers, promotions and sweepstakes may not be available in physical H‑E‑B stores or on other sites or services. Likewise, offers, promotions and sweepstakes offered in physical H‑E‑B stores or on other sites or services may not be available through the Service. Certain services, products and/or programs may not be available at all locations. Prices at physical H‑E‑B stores or on other sites or services may vary from the prices listed on the Service, and these stores will have no obligation to honor or match such prices if an order has not been placed on the Service or if a promotion does not apply.

H‑E‑B seeks to ensure that the information on the Service is accurate, current and complete. However, there may be instances when information about an H‑E‑B product or service contains inaccurate or incomplete information, such as information about the product pricing, availability or location in‑store. In the event a product or service is listed at an incorrect price due to a typographical or other error, H‑E‑B shall have the right to refuse or cancel any orders for products or services listed at the incorrect price, whether or not the order has been confirmed. H‑E‑B does not warrant or guarantee that the information on the Service is error‑free, complete or current. H‑E‑B reserves the right to correct errors and/or to update the content or information on the Service at any time without notice or liability. Prices are in U.S. dollars, are subject to change, and do not reflect any applicable taxes. The final taxes and fees will be calculated on the day your order is delivered or available for pick-up.

B. 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 charge is determined once we have prepared and weighed your order. The final charge for your variable weight items will appear on the invoice or receipt you receive at the time of delivery or pick-up.

C. Promotion Codes

Promotion codes are valid only on orders placed via the Service, 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. 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 misuse is suspected. You will have no claim against us in respect of such rejection or cancellation of a promotion code. We shall 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. Any coupons applicable to your order will be applied at checkout automatically, subject to our Coupon Policy.

D. Reservation of Rights

All product, service and program features, including availability, prices, charges and fees in effect, are subject to change at any time without notice. H‑E‑B reserves the right, with or without prior notice, to limit the availability of or discontinue any product, service or program; to impose conditions on the use of any coupon or other promotion; to bar any user from making any purchase; and/or to refuse to provide any user with any product or service. Certain products, services and programs are subject to additional terms, conditions, policies and disclosures. For example, Section 14 below contains additional terms applicable to purchases of alcoholic products.

12. Orders and Billing.

A. Maximum Order Value; Placing an Order

You can place your order up to seven (7) days before your delivery or pick-up date. Available delivery windows, pick-up days and associated delivery fees and promotions will be shown as you proceed through the ordering process. Your order confirmation will list all of the items you have received and were billed for, and you can find a copy of your orders in the “Your Account” section of the Service. If something is missing from your order, please email or call us at Contact Us (or at Talk To Us for Central Market Holiday Hotline (“Holiday Hotline”) orders).

B. Modifying or Cancelling an Order

You can modify an existing order (including adding or deleting items) until three and a half (3.5) hours prior to the delivery or up until the time that we start selecting your order. You can cancel an existing order until three (3) hours prior to the delivery or up until the time that we start selecting your order. Modifications or cancellations can be made via the order review page or by calling the store you ordered from or selected for pick-up. Note that if you modify an order the total charge for your order will be changed to reflect any products or services you added or removed from your order and the prices applicable at the time of your modification. If you need to change your order’s delivery or pick-up date, you must either cancel your order and place a new one or call the store you ordered from for assistance.

C. Substitutions

Although our goal is to fulfill 100% of each order, from time to time some products may be unavailable. If you have enabled substitutions on your order, you may either pick your own substitution or let us substitute an item that’s very similar to an unavailable item you ordered. If we are unable to fulfill your entire order we will use reasonable efforts to contact you prior to or after making a substitution. You always have the option to reject any substitution. If you’re not happy with the replacement, please email or call us at Contact Us (or at Talk To Us for Holiday Hotline orders). Some items may not be eligible for substitution options.

If there’s a price difference between your originally selected item and your substitution, you will be charged the price of the item you receive. If you use a SNAP EBT or other stored value card, you will need to provide a secondary method of payment to pay for any difference in price.

D. Credit and Debit Cards; Billing

A credit or debit card will be required for all orders made through the Service. You authorize H‑E‑B to charge you for all products or services purchased by you through the Service, plus applicable taxes and fees, to the payment method you provide. “Charge” shall indicate either a charge or a debit, as applicable, against your payment method. You represent that you have the legal right to use any payment method that you submit to H‑E‑B. We are unable to accept third-party coupons at this time for purchases through the Service.

Your credit or debit card will be charged for your order on the day your order is delivered or picked up. At the time your order is placed we will authorize your credit or debit card for an amount equal to 100% of the total of the items in your order. If a credit or debit card authorization expires prior to the pick-up or delivery of your order, we may request another authorization for the same amount. We will not process orders that attempt to use an incorrect, expired, or over-the-limit credit or debit card. We may attempt to contact you if this occurs. However, in the event such an order is processed, we reserve the right to collect funds for any uncollected transactions owed to us.

Should a payment made via credit or debit card be declined, we may attempt to contact you and change the payment method. If you fail to pay any fees or charges when due or if a redelivery fee, cancellation fee or restocking fee is imposed, we may charge such amount directly to the credit or debit card connected to your account and we may suspend or terminate your access to our delivery and/or pick-up service. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you. Your right to use our delivery and pick-up service is subject to limits established by us and/or by your credit or debit card issuer.

E. Reservation of Rights

All orders placed through the Service are subject to H‑E‑B’s acceptance. H‑E-B may require verification of information prior to the acceptance and/or fulfillment of any order. Your receipt of an order confirmation does not signify H‑E‑B’s acceptance of your order. H‑E‑B reserves the right at any time after receipt of your order to accept or decline it for any or no reason and without liability to you or anyone else. If your method of payment has already been charged for an order that H‑E‑B later cancels, H‑E‑B will issue you a refund. All orders, returns and refunds for products and services are subject to H‑E‑B’s Refund Policy. We reserve the right to limit your order or the quantity of a particular product that you may order.

F. SNAP

SNAP eligible products via the Service are addressed in Section 27 below.

13. Delivery Terms.

A. Requirements and Fees

You or an alternate receiver must be present during your selected delivery window. If not, your items will be left at the front door. We will not be liable for items after they are delivered. If we are unable to deliver an order for any reason, we will use reasonable efforts to contact you and reschedule delivery for the next day for an additional fee. If we are still unable to deliver the order to you for any reason, the order will be cancelled. For cancellations not caused by H-E-B, we may charge you a cancellation fee.

A delivery fee may be added to your order. Any such fee is not a gratuity for the individual who delivers or is otherwise involved with the delivery of your order and will not be given to any such individual as a gratuity. For delivery orders placed on the Site or in the App, a default tip will be set automatically. You can adjust the tip amount before placing your order. You are under no obligation to tip anyone involved with the delivery of your order. We aim to deliver your goods within the delivery window you selected when placing your order, but do not guarantee that goods will be delivered on or by a certain time or date, as applicable. We will not be liable for delivering the goods outside of the requested delivery window.

B. Restrictions

Given the heavy weight of some of our products, we may have purchase and delivery limitations on a variety of items on the Service. We may limit or cancel deliveries when orders exceed these limitations. In an effort to meet the committed delivery time for all of our customers, delivery personnel cannot wait for an inspection of the items delivered.

C. Delivery Areas

We deliver municipalities in Texas that are in our market areas. We do not ship outside these areas.

14. Purchase of Alcoholic Beverages. By law, purchasers of alcoholic beverages must be at least twenty-one (21) years of age. You may not legally order any alcoholic beverages unless you are at least twenty-one (21) years of age, and you may not purchase alcoholic beverages for anyone who is under the age of twenty-one (21). You must present identification and proof of age at the time of pick-up to receive alcoholic beverages. We reserve the right to refuse service, terminate accounts, remove alcoholic beverages, or cancel orders at our sole discretion, including without limitation for your failure to demonstrate your age or identity when picking up or receiving an alcoholic beverage.

15. Additional Terms Applicable to Central Market Holiday Hotline.

Holiday Hotline orders are available for in-store pick-up only. Holiday Hotline is only available at select Central Market stores and during select holiday dates and times. Please contact us at Talk To Us or call your nearest Central Market store for more information.

16. Consent to Electronic Communication. When you create a user account using the Service or send an e‑mail to us, or otherwise electronically request that we contact you, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by e‑mail or by posting notices on the Service. ALL COMMUNICATIONS VIA SMS ARE GOVERNED BY THE SMS TERMS AND CONDITIONS OF USE. Message frequency varies. Message and data rates may apply. You may opt out of notifications as set forth in the SMS Terms and/or the Privacy Policy, but in order to stop receiving any messages from us whatsoever (including administrative messages regarding the Service or messages that are primarily about transactions enabled via the Service), you will need to terminate your account.

17. Pharmacy, Primary Care, and Nutrition Content.

A. Pharmacy Content. 

All content (including drug and interaction information, and health information) provided in the Pharmacy area, or any other part of the Service, is for educational and informational purposes only. Such content is intended to supplement, not substitute for, the diagnosis, treatment and advice of a medical professional. Such content does not cover all possible uses, precautions, side effects and interactions, and should not be construed to indicate that any drug or health program is safe for you. Talk to your healthcare provider (doctor and/or pharmacist) before using any prescription or over‑the‑counter drug. Proper treatment of any condition depends on a variety of personal health factors and can best be assessed by a healthcare provider. In addition, before administering or using any prescription or over‑the‑counter drug or device, check the product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications.

B. Primary Care Content. 

All primary care content (including health and nutrition information) provided in the Primary Care or Nutrition Services areas, or any other part of the Service, is for educational and informational purposes only and does not constitute providing medical advice, nutrition advice, or processional services. The information provided should not be used for diagnosing or treating a health problem or disease, and those seeking personal medical advice should consult with a licensed physician. Always seek the advice of your doctor or other qualified health provider regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on our Site. If you think you may have a medical emergency, call 911 or go to the nearest emergency room immediately. No physician-patient relationship is created by this Site or its use. Neither H-E-B nor its employees, nor any contributor to this Site, makes any representations, express or implied, with respect to the information provided herein or to its use. 

C. Nutrition Content. 

The nutrition services information and recipes presented on this Site are intended only to provide general information and may need to be adapted for each specific patient based on the professional judgment of the patient’s healthcare practitioner, consideration of any unique circumstances, the needs of each patient and their family, and other factors. The information and recipes are not intended to constitute medical advice or treatment, nor should they be relied upon as such. H-E-B makes no representations or warranties regarding dietary or lifestyle attributes, allergen contamination, nutrition information, ingredient information, claims, or the products purchased for the recipes. 

Many factors can affect how food prepared from a recipe may turn out, including but not limited to the ingredients used, the appliances used, cooking temperatures and personal cooking ability.  Accordingly, we are not responsible for any outcomes you or your family might experience arising out of or relating to the use of any information or recipe, or the consumption of any food prepared from a recipe.

Consult your medical professional for guidance before changing or undertaking a new diet or exercise program. Advance consultation with your physician is particularly important if you are under 18 years of age, pregnant, nursing or have health problems. Any nutritional information accompanying a recipe posted on the Service is approximate and will not apply if different ingredients and portions are used.

The information and statements regarding the appropriateness or any health effects related to the recipes have not been evaluated by the Food and Drug Administration.

18. DISCLAIMER AND LIMITATION OF LIABILITY.

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE PRODUCTS CONTAINING ALL NINE (9) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOYBEANS, FISH, SHELLFISH, PEANUTS, TREENUTS, AND SESAME) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, H‑E‑B IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF, OR RELIANCE ON, ANY MATERIALS (INCLUDING THIRD PARTY MATERIALS) AVAILABLE THROUGH OR SUBMITTED TO THE SERVICE, OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICE, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE AND ALL SUCH MATERIALS, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT H‑E‑B SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING LOST PROFITS, AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF SUCH MATERIALS, PRODUCTS OR SERVICES) ARISING OUT OF USE OF, OR INABILITY TO USE, THE SERVICE OR SUCH MATERIALS, PRODUCTS OR SERVICES, EVEN IF H‑E‑B HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

BY PURCHASING A LARGE ITEM FOR PICKUP, YOU AGREE THAT H-E-B ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR DAMAGES CAUSED TO YOUR VEHICLE IN THE LOADING, TIE-DOWN, OR TRANSIT PROCESS. YOU ALSO AGREE THAT H-E-B IS NOT RESPONSIBLE OR LIABLE FOR DAMAGES TO OVERLOADED VEHICLES OR FOR DAMAGES TO VEHICLES DURING TRANSIT AFTER LEAVING THE PREMISES. H-E-B IS ALSO NOT RESPONSIBLE, AND YOU RELEASE H-E-B AND ITS PARTNERS, FROM LIABILITY FOR ANY DAMAGES RELATED TO THE LOADING OF MERCHANDISE INTO YOUR VEHICLE. YOU ASSUME ALL RESPONSIBILITY FOR TRANSPORTING YOUR PURCHASE SAFELY.

WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF H‑E‑B (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SERVICE, FOR ANY REASON WHATSOEVER, SHALL BE LIMITED TO THE GREATER OF $100 OR THE PRICE YOU PAID FOR THE PRODUCT FOR WHICH THE CLAIM IS BASED ON. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF SUCH LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEN CERTAIN SUCH DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.

19. Indemnity. You agree to defend, indemnify and hold H‑E‑B and its affiliates harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from (a) your access to or use of the Service or any materials (including Third Party Materials), products or services available through the Service, (b) any of your Submissions, or (c) any violation or alleged violation by you of any provision of these Terms.

20. Applicable Law; Disputes. You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and H‑E‑B. Any action or proceeding relating to or arising from these Terms or your use of the Service must be brought in the state or federal courts located in Bexar County, Texas, and you consent to the exclusive personal jurisdiction of such courts.

21. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that material available on the Service infringes your copyright, you (or your agent) may send to H‑E‑B a written notice by mail, e‑mail or fax, requesting that H‑E‑B remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to H‑E‑B a counter‑notice. Notices and counter‑notices must meet the then‑current statutory requirements imposed by the DMCA. See copyright.gov for details. Notices and counter‑notices must be sent in writing to H‑E‑B's DMCA agent as follows: by mail to DMCA Designated Agent, H‑E‑B Corporate Law, 646 South Flores, San Antonio, Texas 78204; by e‑mail to DMCA@HEB.com; or by fax to 210‑938‑7816. We suggest that you consult your legal advisor before filing a DMCA notice or counter‑notice.

22. Termination. These Terms are effective until terminated by H‑E‑B. We may terminate or suspend your use of the Service at any time and without prior notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, your right to use the Service will immediately cease and you must remove (that is, uninstall and delete) the App from your mobile device, and H‑E‑B may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 1, 2, 3.1 and 4‑22 shall survive any expiration or termination of these Terms.

23. Security. We seek to use reasonable physical, technical, and administrative measures designed to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of the Personal Information and you acknowledge and agree that you transmit it to us at your own risk. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the “Contact Us” section below.

24. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users.

25. H-E-B Gift Card Terms. Redeemable only toward purchases (excluding gift cards) at any H-E-B owned and operated store and www.heb.com. 50 U.S. states and D.C. only. This card is non-refundable and cannot be redeemed for cash except as required by law. No replacement if lost, stolen damaged, destroyed, or used without your permission. Terms subject to change. Purchase, acceptance, or use of card constitutes acceptance of full terms at heb.com/terms. To inquire about your account or balance please visit your account at heb.com/giftcards or call 1-800-533-2153. TREAT THIS CARD LIKE CASH.

26. Miscellaneous. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer‑employee, agency or franchisor‑franchisee relationship between you and H‑E‑B. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, are the entire agreement between you and H‑E‑B relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and H‑E‑B relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Service or by e‑mail (including in each case via links). Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. H‑E‑B will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

27. SNAP-Specific Terms.

The following provisions apply to the extent you use the Service to purchase products under the United States Department of Agriculture ("USDA") Food and Nutrition Service ("FNS") Supplemental Nutrition Assistance Program ("SNAP").

27.1. You represent that you are an individual authorized by FNS to make SNAP purchases on behalf of a SNAP-eligible household. You may only use your SNAP benefits to purchase SNAP-eligible items, as determined by FNS. The Service does not allow, and you shall not attempt to: (a) associate or otherwise use more than one Electronic Benefits Transfer (“EBT”) card in connection with your customer account; or (b) use your EBT card to pay for tips, delivery fees, ordering fees or convenience fees that may apply to online orders via the Service. Tips, delivery fees, ordering fees or convenience fees must be paid for using other payment methods accepted by the Service for such fees. The Service allows split payments so that customers may use their EBT card for SNAP-eligible items while using other payment methods for tips, delivery fees, ordering fees, convenience fees or items that are not SNAP-eligible. You shall contact H-E-B in accordance with Section 28 of these Terms if you believe the Service is preventing you from splitting payments as described above.

27.2. There is no minimum dollar amount per SNAP-eligible transaction, nor is there a maximum limit on SNAP-eligible transactions. You shall contact us as provided in Section 28 if you believe the Service is preventing you from making a purchase based on (a) failure to meet a minimum dollar threshold or (b) excessive number of transactions.

27.3. If you request a refund for any items purchased using SNAP benefits, such refunds will be credited back to your EBT card. Your refund will not be in the form of cash or H-E-B store credit. When a manufacturer's coupon is used for an item purchased with SNAP benefits, the discount or amount of funds saved will be credited to your EBT account (or only the net value deducted).

27.4. Prices for SNAP-eligible items, particularly items which are priced by weight, may vary between the time an order is placed and the time the order is fulfilled. To account for these potential price changes, H-E-B may initially debit from your EBT card up to 10% more than the listed price for each variable weight item to account for such potential price changes. Once the order is fulfilled, if the final price is less than the amount originally debited from your EBT card, H-E-B will provide an automatic refund crediting the difference back to your EBT card.

27.5. H-E-B may use third parties to: (a) facilitate H-E-B’s provision of the Service; (b) process EBT online personal identification number ("PIN") entry and payment processing; or (c) provide services directly related to sales via the Service (e.g., picking, packing, shipping or delivering products, or analyzing aggregate data). Any terms and conditions or other agreements issued by such a third party that are applicable to your use of the Service are an agreement between you and such third party, not H-E-B. H-E-B will not be responsible for any failure of such third parties to fulfill their obligations under such terms and conditions or other agreements.

27.6. In the event of any conflict between the terms of this Section 27 and any other section in these Terms, this Section 27 will control.

27.7. For additional information on how H-E-B uses personal information provided in connection with SNAP, see our Privacy Policy.

28. Contact Us. Please let us know if you have any questions about, or would like a copy of, our Terms. A copy will be provided to you free of charge. Simply email or call us at Contact Us.

Effective Date: August 8, 2024.