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Connected Customer Approach to Loyalty
Grow and retain customers, drive purchases and deliver long lasting loyalty. ADUSA brands’ solutions are powered by a wealth of first party and third party data that is proven to build brands.
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Connect with customers along the entire path to purchase: whether you wish to engage with them in store, at the digital shelf or even by expanding your reach offsite, the AD Retail Media enables you to connect with the right customers at the right time. Multiple ad formats and tactics allow you to grow brand awareness and drive sales growth at scale while providing closed loop measurement and performance - all on a unified platform.
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Companies of Ahold Delhaize | USA
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Privacy Statement
Legal Terms
©2023 Companies of Ahold Delhaize | USA All Rights Reserved
ADUSA Companies Privacy Statement
Information You Provide to Us
The types of personal information you may provide to us when you visit our Site includes:
- Contact information (such as name, telephone number, postal and email address); and
- Other information you choose to provide, such as through the “Give Us Feedback” feature.
Automated Collection of Information
When you visit our Site, we may collect certain information by automated means, such as cookies, web beacons, web server logs and other technologies. The information we collect in this manner may include your device IP address, unique device identifier, web browser characteristics, device characteristics, operating system, language preferences, referring URLs, clickstream data, and dates and times of website visits.
Cookies and Web Beacons
Cookies are files that websites send to your computer to uniquely identify your browser or to store information or settings in the browser. A web beacon (also known as an Internet tag, pixel tag or clear GIF) links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all the features of the Site.
How We Use the Information We Obtain
We may use the personal information we obtain about you to:
- Send you emails, newsletters, blog posts, press releases and other communications if you sign up to receive them;
- Provide support and respond to your inquiries; and
- Operate, evaluate and improve our business (including managing the Site, developing new services; enhancing and improving our services; managing our communications; analyzing our services and customer base; performing data analytics; and performing accounting, auditing and other internal functions).
We also may use the information in other ways for which we provide specific notice at the time of collection.
Third-Party Analytics Services
We may use third party analytics services on our Site, such as Google Analytics. The analytics providers that administer these services use technologies such as cookies, web beacons and web server logs to help us analyze your use of the Site. The information collected through these means (including IP address) may be disclosed to these analytics providers, and other relevant third parties who use the information to evaluate use of the Site. To learn more about Google Analytics and how to opt out, please click here or here.
Our Site is not designed to respond to “do not track” signals received from browsers.
Information We Share
We do not disclose personal information we obtain about you, except as described in this Privacy Statement. We may share your personal information with our subsidiaries and affiliates and with our joint marketing partners,] for the purposes described in this Privacy Statement. In addition, we may share personal information with service providers who perform services on our behalf based on our instructions. We do not authorize these service providers to use or disclose the information except as necessary to perform services on our behalf or to comply with legal requirements.
In addition, we may disclose information about you if required to do so by law or if we believe such action is necessary to comply with legal process. We also reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation).
Your Choices
You may at any time ask us to stop sending you emails or other communications. To update your preferences, ask us to remove your information from our mailing lists or submit a request, please contact us as described in the How to Contact Us section below.
How We Protect Personal Information
We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized access, destruction, loss, alteration, disclosure or use.
Children’s Personal Information
Our Site is designed for a general audience and are not directed to children. We do not knowingly collect or solicit personal information from children under the age of thirteen (13) through our Site. If we become aware that we have collected personal information from a child under thirteen (13), we will promptly delete the information from our records. If you believe a child under thirteen (13) may have provided us with personal information, please contact us as specified in the How to Contact Us section of this Privacy Statement.
Links to Other Sites and Services
For your convenience and information, our Site may provide links to or plug-ins of other websites, apps and services that may be operated by companies not affiliated with the ADUSA Companies. The privacy practices of the relevant third parties, including details on the information they may collect about you, is subject to the privacy statements of these parties, which we strongly suggest you review. We are not responsible for the privacy practices of any other websites, apps or services.
Updates to Our Privacy Statement
This Privacy Statement may be updated periodically to reflect changes in our personal information practices. Changes to the Privacy Statement will be posted on this page. For significant changes, we will notify you by posting a prominent notice on our Site indicating at the top of the Statement when it was most recently updated.
How to Contact Us
You can update your preferences, ask us to remove your information from our mailing lists, submit a request or ask us questions about this Privacy Statement by contacting us. You may also write to:
The Companies of Ahold Delhaize USA, Inc.
2110 Executive Dr.
Salisbury, NC 28147
Effective Date: 5/19/2023
The Companies of Ahold Delhaize USA, Inc. (the “ADUSA Companies”) respect your concerns about privacy. This Privacy Statement describes the types of personal information we collect on https://www.adusabrands.com/engage (the “Site”), how we use the information, with whom we share it and the choices available to you regarding our use of the information. We also describe measures we take to protect the security of the information and how you can contact us about our privacy practices.
This Privacy Statement applies to the information we collect on the Site. It does not apply to other websites, applications or services provided by the brands or other affiliated entities of Ahold Delhaize USA, Inc.
Click on one of the links below to jump to the listed section:
Information You Provide to Us
Automated Collection on the Site
Cookies and Web Beacons
How We Use the Information We Obtain
Third-Party Analytics Services
Information We Share
Your Choices
How We Protect Personal Information
Children’s Personal Information
Links to Other Sites and Services
Updates to Our Privacy Statement
How to Contact Us
Privacy Statement
Legal Terms
©2023 Companies of Ahold Delhaize | USA All Rights Reserved
Companies of Ahold Delhaize | USA
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ADUSA Companies Legal Terms & Conditions
Effective date: 5/19/2023
PLEASE READ THESE LEGAL TERMS AND CONDITIONS (“TERMS”) CAREFULLY. THESE TERMS ARE PROVIDED TO YOU BY THE COMPANIES OF AHOLD DELHAIZE USA (THE “ADUSA COMPANIES”) AND ITS AFFILIATES AND GOVERN YOUR USE OF ANY PART OF THE WEBSITE ON WHICH THESE TERMS ARE POSTED, INCLUDING ANY FUNCTIONALITY, CONTENT AND SERVICE INCLUDED THEREIN AND MADE AVAILABLE TO YOU BY THE ADUSA COMPANIES (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
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.
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.
Additional Terms, Conditions and Policies of the ADUSA Companies
Please note that certain services and programs may be governed by additional or separate terms, conditions or policies, such as our Privacy Statement.
Links to Third-Party Sites
The Site may contain links to websites owned or operated by third parties or otherwise contain content provided by third parties (“Third-Party Materials”). Such Third-Party Materials are provided solely as a convenience to you, and the ADUSA Companies are not responsible for, do not endorse, and make no representation regarding any Third-Party Materials. If you decide to visit any third-party site linked to this Site, you do so at your own risk. We encourage you to review the privacy policy and terms of use for such third-party sites.
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.
Termination by the ADUSA Companies; Surviving Terms
The ADUSA Companies reserve the right, in their 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 the ADUSA Companies 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. The following Sections will survive any termination or expiration of these Terms: Sections: 2, 6-18.
Privacy Statement
Please view our Privacy Statement, which applies to personal information collected from or provided by you on the Site.
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 the ADUSA Companies and their licensors and is protected under U.S. and foreign copyright laws and other laws. In connection with your use of the Site, the ADUSA Companies grant 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. The ADUSA Companies 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 the prior written consent of the ADUSA Companies. 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. The ADUSA Companies do not endorse, oppose or edit any opinion, claim, or analysis expressed by any third party. YOU AGREE THE ADUSA COMPANIES ARE NOT RESPONSIBLE FOR THE SUBSTANCE OR ACCESSIBLITY OF ANY THIRD-PARTY CONTENT ACCESSIBLE THROUGH THE SITE AND UNDERSTAND THAT YOU BEAR ALL RISKS ASSOCIATED WITH YOUR ACCESS TO AND/OR USE OF SUCH CONTENT.
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.
Any violation of these Terms or unauthorized use of any information or materials displayed on or available from the Site may violate copyright laws, trademark laws, laws of privacy and publicity and other laws and regulations and may result in, among other things, termination of your access to the Site by the ADUSA Companies in their sole discretion. We have the right, but not the obligation, to remove any submitted or posted content for any reason.
Trademarks
The names, marks and logos appearing in the Site’s Content are, unless otherwise noted, trademarks owned by or licensed to the ADUSA Companies. The use of these marks, except as provided in these Terms, is prohibited. From time to time, the ADUSA Companies make fair use in the Contents of trademarks owned and used by third parties. The ADUSA Companies make no claim to ownership of those marks.
You may not use the ADUSA Companies’ trade name, trademarks, service marks or other intellectual property assets or their branded products and services for promotional, advertising or any other commercial purpose, unless and to the extent the ADUSA Companies specifically agree in writing.
User Submissions
The ADUSA Companies welcome your comments and contributions to our Site. However, you acknowledge that if you send or submit to the ADUSA Companies any suggestions, ideas, comments, photos, videos, recipes, or other user-generated content (collectively, “Submissions”) through or in connection with the Site, including on any interactive features, you are granting the ADUSA Companies 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 the ADUSA Companies 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 the ADUSA Companies.
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 the ADUSA Companies are 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 the ADUSA Companies 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 the ADUSA Companies 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.
The ADUSA Companies are under no obligation to post, forward, transmit, distribute or otherwise provide any material available through the Site, including any Submission you provide to the ADUSA Companies; accordingly, the ADUSA Companies have an absolute right to remove any material available through the Site in its sole discretion at any time. The ADUSA Companies reserve 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.
Digital Millennium Copyright Act (“DMCA”) Copyright Policy
a. Reporting Claims of Copyright Infringement.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our designated copyright agent at the address below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Copyright Agent
Retail Business Services, LLC
2110 Executive Drive, Building D
Salisbury, NC 28147
(704) 310-3660
copyrightagent@retailbusinessservices.com
If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
b. Counter Notification Procedures
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.
The DMCA allows the ADUSA Companies to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
c. Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
WARRANTY DISCLAIMER
Although the ADUSA Companies strive 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, the ADUSA Companies are 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. The ADUSA Companies make 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.
THE ADUSA COMPANIES DO 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, THE ADUSA COMPANIES 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 THE ADUSA COMPANIES DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE ADUSA COMPANIES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS OR LINKS.
LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE ADUSA COMPANIES 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 THE ADUSA COMPANIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE ADUSA COMPANIES’ 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 THE ADUSA COMPANIES’ 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.
Indemnification
By using the Site, you agree to defend, indemnify and hold harmless the ADUSA Companies, their 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. The ADUSA Companies reserve the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
Governing Law
These Terms are governed by the Federal Arbitration Act and the substantive laws of the State of Illinois, without regard to its conflict of laws principles.
Arbitration Agreement and Class Action Waiver
a. Mandatory Arbitration.
YOU AND THE ADUSA COMPANIES 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 the ADUSA Companies 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 the ADUSA Companies 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 the ADUSA Companies 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. The ADUSA Companies will reimburse you for those fees up to $7,500, unless the arbitrator determines the claims are frivolous. Likewise, the ADUSA Companies 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 the ADUSA Companies agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and the ADUSA Companies 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 the ADUSA Companies 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 THE ADUSA COMPANIES THAT CONTAINED AN ARBITRATION PROVISION. The opt-out notice must be postmarked no later than the applicable deadline. 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.
Export Control
The ADUSA Companies control and operate the Site from the United States and do 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.
General
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 deemed 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 the ADUSA Companies. 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 the ADUSA Companies constitute the entire agreement between you and the ADUSA Companies with respect to your use of the Site.
Contact Information
We welcome you to contact us with any questions, comments or concerns about the ADUSA Companies’ Site.
Mail: The Companies of Ahold Delhaize USA, Inc., 2110 Executive Dr., Salisbury, NC 28147
Internet: Contact Us
Privacy Statement
Legal Terms
©2023 Companies of Ahold Delhaize | USA All Rights Reserved
Companies of Ahold Delhaize | USA
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