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Terms & Conditions

Your Use of our Site (defined below) is Governed by These Terms & Conditions

LAST UPDATED: [June 23, 2022]

These Terms & Conditions apply to the Schwan’s Home Delivery website located at www.Schwans.com and all other sites, mobile sites, services, the Application(s) (as defined herein), platforms, the Rewards Program (as defined herein), the Auto-Reorder Program (as defined herein) and tools where these Terms & Conditions appear or are linked (collectively, the "Site"). As used in these Terms & Conditions, "Schwan’s Home Delivery", "us" or "we" refers to Cygnus Home Service, LLC and its subsidiaries and affiliates. “You”, “your”, or “yourself” refer to any person or party accessing or using the Site for any reason and whether you are a customer of Schwan’s Home Delivery with an online account or not.

Please read the following Terms & Conditions carefully as they affect your legal rights. These Terms & Conditions contain an arbitration agreement that requires the use of arbitration on an individual basis to resolve disputes rather than jury or any other court proceedings, or class actions of any kind. The arbitration agreement is set forth in the “Arbitration Terms” section below.

Introduction

Introduction

The Site permits you to place orders for the purchase of frozen food and/or other goods. At the time you create an account with us, you choose a delivery date and/or we will notify you when a delivery opportunity is available, and we will facilitate completion of the delivery to you.

BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site without our prior written consent. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site. Certain areas within the Site may be governed by additional terms and policies ("Additional Terms"). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.

Content

All content included on the Site such as text, graphics, logos, images, audio clips, video, data, software, App updates, and other material (collectively "Content") is our owned or licensed property or property of our suppliers or licensors, and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Site is the exclusive property of, or licensed by, us and protected by U.S. and international copyright laws. We and our suppliers and licensors expressly reserve all intellectual property rights in all Content.

License and Access

We grant you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the "Unlawful or Prohibited Uses" section of these Terms & Conditions. You may download, print and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The Site is intended for use by individuals 18 years of age or older. If you are under 18, you may use this Site only with permission and supervision of a parent or guardian.

Unlawful or Prohibited Uses

The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

  • Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices or images;
  • Download, copy or transmit any Content for any other commercial purpose;
  • Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by us or generally publicly available browsers;
  • Frame, mirror or use framing techniques on any part of the Site without our express prior written consent;
  • Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, account information, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms & Conditions;
  • Use any meta tags or any other hidden text utilizing our name or marks;
  • Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
  • Use a buying agent to conduct Transactions, (as defined in the User Transactions section below) on the Site;
  • Conduct fraudulent activities on the Site;
  • Violate or attempt to violate the security of the Site, whether in an automated fashion or otherwise, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are (a) not authorized to access or, (b) in the case of a user account, not the registered user of such account; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating Site) or to the Site (impersonating another user whether such user provided their approval for such action(s) or not);
  • Send unsolicited or unauthorized email on behalf of Schwan’s Home Delivery, including promotions and/or advertising of products or services;
  • Tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site, or any activity being conducted on the Site;
  • Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
  • Harvest or collect personally identifiable information about other users of the Site;
  • Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
  • Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent;
  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
  • Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

Site Security

Shopping at the Site is safe. We understand that our Site users require a safe, secure, and quality online shopping experience. We protect customer information by implementing appropriate security industry standards and practices.

  • Encryption technology: We utilize Transport Layer Security (TLS) technology.
  • Online username and password: We protect access to your online accounts by requiring you to provide your username and password to access your customer account.
  • Security scans and testing: Regular security scans and testing are completed on the Site.
  • Time-outs: Your online session will automatically time-out after 20 minutes if there is no activity on the site. If you receive a time-out message, you will need to re-log in to access your account.

Protecting Yourself Online

  • Always log out: If using a public computer or terminal, always log out and close the browser when you complete an online session.
  • Protect your passwords: Do not share your passwords. Keep them private. Avoid using the same password for multiple accounts.
  • Security scans and testing: Regular security scans and testing are completed on the Site.
  • Create strong passwords: When creating a password, use a combination of letters and numbers with a minimum length of 8 characters. Do not use your username for a password. Do not use dictionary words. Do not use information that can be easily found out about yourself such as your first or last name. Avoid easily guessed passwords such as "123456", "pass123", "password", or "secret".
  • Frequently update passwords: Change your password periodically and remember, we will never ask you via phone call, text, chat or email (or any other communication) for your password. You will only need to provide your password when you login to the Site.
  • Review your online accounts: Log in regularly to view your account details to see if there are any Transactions you do not recognize.
  • Monitor your credit report: Regularly review your credit reports to safeguard yourself from identity theft before any damage is done.

Warning About Suspicious Email

Unsolicited email asking for your personal information is a type of "phishing" scam. If you receive an email that looks like it is from us asking for your personal information, do not respond. We will never ask you for your password, username, credit card information, or other personal information through emails or texts.

What to do if you receive a suspicious email?

If you receive an email you think is a forgery of our emails or you are concerned about your Schwans.com account, please report it to us right away through one of the options at our “Contact Us” webpage. If you believe your Schwans.com account may be compromised, please change your password immediately.

This information may change at any time. Please check back periodically for any updates to this policy.

Transactions

User Transactions

If you wish to purchase any product made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your delivery address (that we then calculate to a static geo-location for your delivery address, for our route planning purposes, your billing address (if different than your delivery address), your mobile telephone number, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Schwan’s Home Delivery the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products and prices of products described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only and you acknowledge that such information satisfies applicable food labeling requirements. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

We or our agents may call or text by telephone regarding your account, your scheduled service or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

Limitations on Quantity

We do not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. We reserve the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.

Availability, Errors & Inaccuracies

Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We make a conscientious effort to describe and display our products accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications and availability. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.

Rules for Promotions

Any sweepstakes, contests, raffles, or other promotions (collectively, "Promotions") made available through the Site may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply. For all promotions we offer, whether for a specific dollar off promotion or a percentage off promotion, will be calculated to the balance for all products purchased, prior to adding applicable taxes, shipping fees and use of gift cards. All promotions may have limited applicability in association with other of our offers. All offers are non-transferrable, unless otherwise indicated, and void where prohibited. No offers will result in cash or credit refunds.

Returns

All our products have a 100% satisfaction guarantee. If you are not satisfied, you may return the product for an exchange, credit or refund. To request, please talk to your Schwan’s Home Delivery Representative or call 866-254-4770.

Gift Cards & Certificates

All gift cards, e-gift cards, and other gift certificates are deemed purchased in and issued from the State of Minnesota. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.

Communications with Schwan’s Home Delivery

By creating an account with us, you electronically agree to accept and receive communications from us, or third parties providing services to us, including via email, text message, telephone calls, and push notifications to the telephone number, whether mobile or land line, you provided to us. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of us, including but not limited to communications concerning orders placed through your account on the Site or, from time to time, notifications via text message that our delivery trucks are in your neighborhood and available to perform services and the services you requested from us for you that day. For purposes of clarity, delivery text messages and/or telephone calls between you and us pertaining to your delivery opportunity that you requested are transactional messages, not promotional messages, and they are required for us to perform the services you requested from us.

Your carrier’s standard text message rates will apply to your entry or submission message, our confirmation, and all subsequent text messages. Other charges may apply. All charges are billed by and payable to your mobile service provider.

We will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.

Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date time and content of your messages and other information you provide to us as part of this service. We may use this information to contact you and provide products you request from us. We may also use this information as described in the subscription list you’ve enrolled in. We may use an automatic dialing system to deliver text messages to you and by your use of the Site, you expressly agree via your electronic engagement with the Site, to receive text messages in this manner.

Maximum number of messages per month will vary based on the subscription list you’ve enrolled in. You can unsubscribe at any time by texting STOPALL to 89579 (SCHWAN’S HOME DELIVERY) and you will receive a text confirming that you have been unsubscribed for all Schwan’s Home Delivery’s text message list. If you have questions, reply “HELP” to 89579 (SCHWAN’S HOME DELIVERY) or contact Schwan’s Home Delivery at 1-888-724-9267.

We provide you with additional information regarding our use of text messaging with you, in the Mobile Communication FAQs.

Your Account

You may be required to register with us in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the username you request. Your username and password are for your personal use only, and you will not share your username or password with any other individual or third party. If you use the Site, you are responsible for maintaining the confidentiality of your account, your credentials and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to us including those set forth in these Terms & Conditions, we reserve the right, in our sole discretion, to terminate your account, refuse service to you, or cancel orders.

Modification & Termination

We may at any time: (i) modify or discontinue any part of the Site; or (ii) offer opportunities to some or all Site users. We reserve the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the "LAST UPDATED" legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; however, any change to these Terms & Conditions after your last usage of the Site will not be applied retroactively. We reserve the right, without notice and at our sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms & Conditions, (ii) for any other reason or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.

You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.

User Reviews, Comments & Submissions

We welcome your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site, or any content or information you publish through any social media and allow us to feature, such as your name, social media handle, accompanying text, and any images from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™) (collectively, "User Content") as long as the User Content submitted by you complies with these Terms & Conditions. You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and we assume no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to us a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us or tag us on any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to us the right to include the name provided along with the User Content submitted by you; provided, however, we shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in the User Content to use, and grant to third parties such as us the right to use their name, image, voice and/or likeness without compensation to you or any other person or entity. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

Content is also provided by third party visitors to the Site. Please note that Site visitors may post content, including User Content, that is inaccurate, misleading, or deceptive. We neither endorse nor are we responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Schwan’s Home Delivery.

Delights Rewards™ Terms

We developed the Delights Rewards loyalty reward program (the "Program") to reward customers for their continued purchasing of our products online, through the App, at the door and phone orders. By registering to participate in the Program and clicking "Sign Up" on the Delights Rewards registration page, you acknowledge that you have reviewed these Delights Rewards terms and conditions, you become a Delights Rewards “Member” and agree to the following rules governing the Program.

When you click "Sign Up" on the Delights Rewards registration page and enroll as a Member, you agree: i) to these Delights Rewards terms and conditions, ii) that we may email you at the provided email address on file, iii) that we may contact you via live and/or pre-recorded phone calls at the phone number you have provided, whether a landline or mobile phone number and (iv) that we may contact you via text/SMS messaging to your mobile device and mobile phone number you provide to us, about offers and updates pertaining to the Program or products or both. Disputes relating to the Program are subject to arbitration as set forth in in the Arbitration Terms below. Your consent is not a requirement for our provision of products.

  1. Overview of the Program
    1. The Program is a loyalty and reward program we sponsor through which “Qualified Members” (as defined in Section III. A. below; Section references are specific to the Delights Rewards Terms) earn and receive Reward Dollars, as described in Section IV, through qualifying online personal purchases, qualifying App purchases, qualifying at the door purchases and qualifying telephone purchases at 1-888-724-9267. Qualified Members may earn and receive Reward Dollars with the choice to redeem or store Reward Dollars for later use (subject to point expiration terms set forth in Section VII. A. below) once you have successfully enrolled in the Program and have complied with these Program terms. You can track, review and redeem Reward Dollars through the My Rewards section on www.schwans.com or www.schwans.com/rewards.
    2. DELIGHTS REWARDS™ Plus Status. Qualifying Members who complete qualifying “Net Sales” (defined as products’ sale prices, less product discounts or promotions, the value of Rewards Dollars you redeem for a product purchase, applicable taxes, shipping and delivery fees) of $1,000 or more within the then current calendar year will obtain Delights Rewards Plus status. Qualifying Members, upon achieving Delights Plus status, retain Delights Plus status for the then current calendar year and for the following calendar year, and earn free shipping on orders of $80 or more, and free delivery. For example, if you achieve Plus status on September 1, 2022 by completing $1,000 or more qualifying Net Sales in 2022, you will enjoy Delights Plus status for the remainder of 2022 AND in 2023, the following calendar year. Your Delights Plus status will then terminate as of December 31, 2023, unless you have qualifying Net Sales of $1,000 during calendar year 2023. Your qualifying Net Sales amounts will be reset to $0 every year on January 1st.
  2. General Membership Details and Information
    1. The Program and its benefits are offered at our sole discretion.
    2. Participation in the Program is subject to these Program terms, (or additional terms and conditions describing a special promotion, such as for AARP members) that we may, in our sole discretion, adopt and issue from time to time. The interpretation and application of the Program terms are at our sole discretion.
    3. We have the right to change, limit, modify, amend, or cancel the Program, Reward Dollars, reward levels, participation requirements, etc. at any time, with or without notice. This may include, among other things:
      1. Increase or decrease the number of Reward Dollars awarded for Net Sales amounts;
      2. Limit or modify our products available for redemption of Reward Dollars;
      3. Modify the methods to collect Reward Dollars;
      4. Increase or decrease purchase requirements necessary for Reward Dollars to be awarded;
      5. Increase or decrease the duration of the collection and/or redemption period;
      6. We are the final authority for membership, Reward Dollars issuance, and Reward Dollars adjustment determinations. We reserve the right to restrict, suspend, and/or correct errors or omission. We reserve the right to approve, deny or revoke membership in the Program to any individual for any reason whatsoever.
      7. You are responsible for remaining knowledgeable as to any changes we may make to the Program, and to these Program terms.
  3. Conditions for Membership Eligibility
    1. To be a “Qualified Member”, you must be:
      1. an active, registered customer in the Program;
      2. 18 years of age or older to participate in the Program;
      3. within the past three hundred sixty-five (365) days placed an order from us either:
        1. online at Schwans.com;
        2. on the App;
        3. at your door with a route sales representative; or
        4. by calling us at 1-888-724-9267.
    2. You may maintain only one Program account, with a limit of one account per household. Only Qualified Members, who accept and agree to these Program terms by enrolling in the Program and clicking "Sign Up" on the registration page, may earn and redeem Rewards Dollars.
    3. To enroll in the Program, simply click on the "Sign Up" button and follow the onscreen instructions. There is no fee for enrolling or participating in the Program.
    4. Membership in the Program will be renewed automatically each year, so long as your Program account is open, active and not in violation as defined in the Program terms and Conditions.
    5. We reserve the right to terminate your membership in the Program at any time based on violations of the Program terms, fraud or appearance of fraud, or violation of any federal, state, or local law or regulation in connection with the Program privileges. If your membership in the Program is terminated, you will forfeit your Reward Dollars immediately.
  4. Earning Reward Dollars
    1. Reward Dollars can be earned in four ways.
      1. Online purchase and receipt of Company products.
      2. App purchase and receipt of Company products.
      3. At the door purchase and receipt of Company products with a route sales representative.
      4. Call 1-888-724-9267 for the purchase and receipt of Company products.
    2. Periodically there may be promotional offers for the Program, which provide the opportunity to earn Reward Dollars as defined by the terms of each promotion.
    3. Dollars are not available on the purchase of a Gift Card, for applicable tax amounts, the value of Rewards Dollars you redeem for a product purchase, shipping or for delivery fees.
    4. Reward Dollars are based on Net Sales amounts, available toward future purchases made by Qualified Members. Reward Dollars are awarded based on the dollar amount of net Sales and Reward Dollars will be rounded to the nearest $0.05. Reward Dollars awarded based on the dollar amount of Net sales, and Reward Dollars will be rounded to the nearest $0.05. Qualified Members who purchase on schwans.com, via the App, via a phone order or at the door with a route sales representative will earn $0.03 back for each one dollar ($1.00) of Net Sales. Earnings can be used on future product purchases through schwans.com, the App or by calling 1-888-724-9267.
    5. Reward Dollars will begin accruing upon your Enrollment Date in the Program. ("Enrollment Date" is the day on which you become a Qualified Member.) Reward Dollars will not be awarded for product purchases prior to the Enrollment Date.
    6. Reward Dollars and your activity of using Reward Dollars, will be posted online in "My Rewards" section of "My Account" on Schwans.com, after the qualification process is complete and may take up to two (2) weeks.
    7. You are responsible for ensuring the accuracy of your Program account and encouraged to check your account on a regular basis. If you believe that Reward Dollars were not properly earned, accrued or redeemed to/from your account, you must notify us in writing. Failure to notify us within 14 days of improper Reward Dollar allocation could result in the loss of such Reward Dollars.
    8. You are responsible for determining, recording and paying all federal, state, and local taxes, if any, related to Reward Dollar redemption. It is important that you keep records of all Reward Dollars. We will not provide any tax information or guidance to you. You should consult with your tax advisors for tax guidelines specific to your needs. Any and all tax liabilities arising from the Program, are your sole responsibility.
    9. If at any time you become a non-qualified member (e.g. if your account has been inactive for a period of 365 days or more), you will not be allowed to earn or redeem Reward Dollars without first becoming a Qualified Member. You will also forfeit any unredeemed points.
  5. Redeeming Reward Dollars
    1. Reward Dollars may be redeemed for product on a first-earned, first-redeemed basis.
    2. Reward Dollars may not be redeemed until after they have been earned and populated to your account. Reward Dollars earned are not available for redemption until the next online, App or telephone order made by a Qualified Member following the date the Reward Dollars were earned, and then only if they have been posted in the My Rewards section on www.schwans.com or www.schwans.com/rewards.
    3. Reward Dollars earned on your account may only be redeemed through purchases of Company products made online at www.schwans.com, on the App or by calling 1-888-724-9267. Rewards Dollars are not currently redeemable for purchases made at your door through your route sales representative. During the checkout process, eligible Reward Dollars can be redeemed by applying them to your product purchase balance.
    4. All Reward Dollars redemptions for products are final.
    5. For purposes of redemption toward future purchases of product, each Reward Dollar can be used for purchases made via pre-order on schwans.com via a phone order or via the App.
    6. You may redeem Reward Dollars in the manner set forth above until Reward Dollars expire or Program or account termination.
  6. Restrictions Relating to Reward Dollars
    1. Reward Dollars are not refundable, replaceable or transferable for cash, credit, or other Reward Dollars under any circumstances unless otherwise stated by us in writing. Reward Dollars have no cash value and can only be used as redeemable payment for future purchases of products through the Rewards Dollars’ expiration date, as permitted by law and only through the App, www.schwans.com or 1-888-724-9267.
    2. There is no maximum number of Reward Dollars that you can accumulate in the Program though the Reward Dollars do expire as set forth in Section VII below.
    3. You may not combine your Reward Dollars with other Program members' accounts.
    4. If there is any abuse of the Program, failure to follow Program terms, or any misrepresentation by you, you shall forfeit all unredeemed Reward Dollars, no additional Reward Dollars shall accumulate, and you will be terminated from the Program.
    5. Reward Dollars will be deemed to have been surrendered at redemption and no other offers will be honored.
    6. Our employees and household family members are not eligible for Delights Plus status and benefits thereof.
  7. Expiration and Termination of Reward Dollars
    1. Reward Dollars will expire on a first-earned, first-expired basis 12 months from the month in which they were earned. Reward Dollars will expire on the first Sunday of the month of expiration of Reward Dollars.
    2. If your Program account is closed for any reason, your membership in the Program will be terminated and the total balance of your unredeemed Reward Dollars will be forfeited. For example, unredeemed Reward Dollars will be forfeited if you cancel your Program account, the Program is terminated, or if you are no longer a Qualified Member.
    3. If your Reward Dollars are forfeited for any reason, we will not reinstate previous Reward Dollars to your Program account.
    4. We reserve the right to take any other or additional action we deem appropriate in our sole discretion in the event we believe a Member (or Members) have violated the Program terms, or use the Program in a manner inconsistent with the Program terms or any federal, state or local laws, statutes or ordinances. In addition to discontinuance of participation privileges, we have the right to take appropriate administrative and/or legal action, including criminal prosecution, as we deem necessary in our sole discretion
    5. Reward Dollars do not constitute property of a Member and may be revoked at any time by us as set forth herein.
  8. General Terms and Conditions
    1. This Program is void where prohibited by law.
    2. Schwan's Home Delivery, its related subsidiaries, parent, or affiliates are not responsible for delayed or lost communications sent by any form of delivery including but not limited to mail, email, web or phone.
    3. Any disputes concerning Reward Dollars will not affect your payment obligation to us on your account for product purchases, taxes and shipping/delivery fees.
    4. Our rights and obligations under this Program may be transferred or assigned by us to any other related or unrelated entity at any time, and performance thereafter shall be the responsibility of that entity without prior notice to you.
    5. Schwan's Home Delivery, its parent, subsidiaries, affiliates, vendors and service providers make no claims, warranties, guarantees or representations of any kind, expressed or implied, with respect to Reward Dollars and the Program, and shall not be liable for any loss, expense (including without limitation, attorneys fees or inconvenience) that may occur in the use of the Program.
    6. To learn how your personal information collected in connection with the Program may be collected, used or shared, you may read the Privacy Policy available at www.schwans.com.
    7. We are not responsible for any incorrect or inaccurate information supplied by you while participating in the Program.
  9. Limitation of Liability and Dispute Resolution
    1. We are not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by you or any Member, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access schwans.com or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error or irregular packaging, we and our respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies (hereinafter collectively referred to as "Releasees") involved in the development and execution of the Program or the production or distribution of Program materials shall have no liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL PROGRAM DAMAGES ARISING OUT OF THE PROGRAM OR PRODUCTS OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF WE IMPROPERLY DENY ANY MEMBER ANY REWARD DOLLARS, LIABILITY WILL BE LIMITED TO THE AMOUNT OF REWARD DOLLARS. BY PARTICIPATING IN THE PROGRAM, YOU WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
    2. The Releasees are not responsible for any products or services offered by any current, future or past Reward Dollar partners, if any. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASEES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED BY ANY REWARD POINTS PARTNER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long any implied warranty lasts, so the foregoing limitation may not apply to you. You agree to rely solely on the manufacturers’ warranties, if any, for any products redeemed through this Program.
    3. Any and all disputes, claims, and causes of action arising out of or connected with this Program, or on Reward Dollars obtained through the Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration in accordance with the Arbitration Terms set forth below.
    4. Any and all claims, judgments and Reward Dollars shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event shall attorney's fees be recoverable from us.
    5. Under no circumstances will you be permitted to seek recovery for, and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and you waive any and all rights to have damages multiplied or otherwise increased.
    6. All issues and questions concerning the construction, validity, interpretation and enforceability of the Program terms, or the rights and obligations in connection with this Program, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Minnesota or any other jurisdiction).
    7. The Program terms constitute the entire agreement between all Program Members and us pertaining to the Program and supersedes all prior or other arrangements, understandings, and negotiations and discussions, whether oral or written. No waiver of any of the provisions of the Program terms shall be deemed or shall constitute a waiver of any other provisions of the Program (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
    8. If any provision of the Program terms are found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
    9. You may terminate your participation in the Program at any time by calling 1-888-724-9267.

Auto-Reorder Terms & Conditions

This section of the Terms and Conditions specifically address our Auto-Reorder Program (the “Auto-Reorder Program”).

Auto-Reorder Program.

The Auto-Reorder Program is a transaction, information and delivery service available to customers who access the Site and opt into the Auto-Reorder Program for regular recurring delivery of our products that you specify.

Our employees, agents or designees will deliver your orders placed with us through the Auto-Reorder Program, via in-person or unattended delivery on a recurring cadence you select in your enrollment and ordering via the Auto-Reorder Program along with any other orders or at-the-door purchases you may make. We will deliver to the delivery address that you specify on the My Auto-Reorder page each time you receive an order with the Auto-Reorder Program. Payment for the items delivered is due at the time of delivery and must be made via a valid and confirmed primary credit card or debit card on file with us. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive it, and by that person's acceptance, you authorize the billing of your primary credit card or debit card on file. If you are not satisfied for any reason with an item purchased through the Auto-Reorder Program, you may return it and it will be credited against your next Auto-Reorder Program order. You will receive text message alerts reminding you of your delivery, before, after or at the moment of delivery, as applicable. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of us, including but not limited to communications concerning Auto-Reorder Program orders placed through your account. For purposes of clarity, delivery text messages and/or telephone calls between you and us pertaining to your delivery opportunity that you requested are transactional messages, not promotional messages.

If no one is available to accept delivery of your Auto-Reorder Program order, it will be left in an insulated freezer package as an unattended delivery, and your order will be left unattended at your door or other place you designate. We are not responsible, and you agree not to hold us or our employees responsible for any damage or theft that occurs to an unattended delivery. We reserve the right to refuse to leave an order unattended if our employee considers the circumstances to be unsuitable or unsafe for any reason.

Your Account

You agree to provide us with accurate and complete information as required by registration for the our service including, but not limited to, your full legal name, billing and delivery addresses, mobile telephone number, credit card account number and expiration date and/or bank account information, and agree to promptly notify us of any change in your data. You agree to notify us immediately of any unauthorized use of your password or your account or loss Auto-Reorder or theft of your credit card or debit card number. You will remain liable for any use of the Auto-Reorder Program until you notify us of any unauthorized use, loss or theft of that information or those items.

Fees, Payment and Access.

You are responsible for, and agree to pay promptly, all charges to your account as part of the Auto-Reorder Program, including applicable taxes and purchases by you or anyone you allow to use your account, including your family, friends, authorized agents or other customers. If you fail to pay any amounts, fees or charges when due (which includes electronic payment rejection, or damages arising from fraudulent use), we may charge such amount directly to the primary credit card identified in your data on file for use in the Auto-Reorder Program. 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 the service is also subject to limits established by your credit card issuer.

Unauthorized or Fraudulent Use.

We do not offer the Auto-Reorder Program to children. By registering for the Auto-Reorder Program, you warrant that you are at least 18 years old. From time to time, we may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use and we reserve the right to charge the credit card we have on file for you.

Termination

We may suspend or terminate your access to the Auto-Reorder Program at any time for any reason with or without notice to you. You may terminate your enrollment in the Auto-Reorder Program at any time for any reason by delivering notice to us which termination will be effective the day notice is received or such later date specified in the notice. We reserve the right to collect unpaid amounts, and related fees and charges incurred before you cancel your enrollment in the Auto-Reorder Program. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

Disclaimer of warranty.

Your use of the Auto-Reorder Program and the Internet is entirely at your own risk. The Auto-Reorder Program and its contents are provided on an "as is", "as available" basis.

Miscellaneous Provisions

Mobile App Users

The following provisions apply to users of the App:

Users of the Apple App

If you download and/or use our App(s) for iPhone or iPad: These Terms & Conditions incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms & Conditions, the App is considered the “Licensed Application” as defined in the LAEULA and Schwan’s Home Delivery is considered the “Application Provider” as defined in the LAEULA. If any of these Terms & Conditions conflict with the terms of the LAEULA, these Terms & Conditions shall control.

Mobile Service, Internet and Service Fees

The use of the App requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the App, including without limitation, administrative messages, service announcements, diagnostic data reports, and App updates, from us, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the App. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the App, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the App.

The App may not work with all devices or all mobile carriers. We make no representations that the App will be compatible with or provided by all mobile carriers.

Filtering

Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following website: OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such website.

DMCA Notice - Notice & Procedure for Making Claims of Copyright Infringement

We prohibit the submission of any copyrighted material without the user first obtaining the prior written consent of the copyright owner. In particular, if you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at the Site;

(iii) Identification of the material on the Site that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notifications of claimed infringement can be reached at [email protected] For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service at 1-888-SCHWANS (1-888-724-9267). You acknowledge that if you fail to comply with all of the requirements herein, your DMCA notice may not be valid.

Disclaimers of Warranties

We cannot and do not represent or warrant that the Site, the App or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

THE SITE, THE APP AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR THE APP (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY SCHWAN’S HOME DELIVERY ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. SCHWAN’S HOME DELIVERY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE APP THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS OR TEXTS SENT FROM SCHWAN’S HOME DELIVERY ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR THE APP IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, SCHWAN’S HOME DELIVERY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE, THE APP AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.

SCHWAN’S HOME DELIVERY DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE OR THE APP AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.

On the Site, and the App we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. If you decide to link to any such third-party sites, you do so entirely at your own risk.

Jurisdictional Issues

The Site is controlled and operated by us from the United States and is not intended to subject Schwan’s Home Delivery to the laws or jurisdiction of any province, country or territory other than that of the United States. We do not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL SCHWAN’S HOME DELIVERY OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH: YOUR USE OF OR INABILITY TO USE THE SITE; THE DELIGHTS REWARDS PROGRAM; OR THE AUTO_REORDER PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF SCHWAN’S HOME DELIVERY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH: THE SITE; THE DELIGHTS REWARDS PROGRAM; THE AUTO REORDER PROGRAM, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND SCHWAN’S HOME DELIVERY. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SCHWAN’S HOME DELIVERY. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

Indemnification & Defense

As a condition of the use of the Site or the App, you agree to defend, indemnify and hold harmless Schwan’s Home Delivery and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you.

Notices & Electronic Communications

Except as explicitly stated otherwise, any notices you send to Schwan’s Home Delivery shall be sent by mail to Schwan’s Home Delivery, ATTN Legal Department, 115 West College Drive, Marshall, MN 56258. In the case of notices we send to you, you consent to receive notices and other communications by us posting notices on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures and other communications that we provide to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to [email protected] You may also contact us by writing to Schwan’s Home Delivery ATTN Legal Department, 115 West College Drive, Marshall, MN 56258, or by calling us at 1-888-724-9267. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Arbitration Terms

Please read this section carefully. Except as the Terms & Conditions otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.

Agreement to Binding Arbitration

You and Schwan’s Home Delivery agree that in the event of any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (1) the site or (2) the breach, enforcement, interpretation, application, or validity of these Terms & Conditions, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these Arbitration Terms.

Exceptions to Arbitration

Notwithstanding the foregoing, in lieu of arbitration: (1) either you or Schwan’s Home Delivery can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you agree that you or Schwan’s Home Delivery may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Jury Trial & Class Action Waiver

Except as the Terms & Conditions otherwise provide, you and Schwan’s Home Delivery acknowledge and agree that you are each waiving the right to a trial by jury. The parties further agree that any arbitration shall be conducted in their individual capacities and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and Schwan’s Home Delivery may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim.

If any court or arbitrator determines that any term in the immediately preceding paragraph is unenforceable for any reason as to any claim, then the Arbitration Terms will be inapplicable to that claim, and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to the Arbitration Terms.

Governing Law & Arbitration Rules

The Arbitration Terms evidence a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of this section. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Terms, then that issue shall be resolved under the laws of the State of Minnesota.

The arbitration will be conducted under the then current and applicable rules of the American Arbitration Association (“AAA”). The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

Initiating Arbitration

If you intend to seek arbitration you must first send a written notice (“Notice”), by first class or certified mail to Schwan’s Home Deliver, ATTN Legal Department, 115 West College Drive, Marshall, MN 56258. If Schwan’s Home Delivery intends to seek arbitration, Schwan’s Home Delivery will send a Notice to the current billing address on your account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings.

A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to Schwan’s Home Delivery ATTN Legal Department, 115 West College Drive, Marshall, MN 56258, and Schwan’s Home Delivery will send such copy to the current billing address on your account or to your attorney, if you have retained one.

Fees

For claims of $100,000 (US Dollars) or less, Schwan’s Home Delivery will pay all filing, administration, and arbitrator fees (collectively, “Filing Fees”) unless the arbitrator determines that your claim is frivolous. For claims over $100,000 (US Dollars), you will be responsible for the Filing Fees.

Location & Procedure

If your claim is for $10,000 (US Dollars) or less, you may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, by an in-person hearing in the county of your residence, or as otherwise mutually agreed to by the parties. If your claim exceeds $10,000 (US Dollars), the location of the arbitration and the parties’ right to a hearing will be determined in accordance with the rules of the AAA.

Arbitrator’s Decision

The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. We and you waive the right to seek attorneys’ fees and costs in arbitration.

Choice of Law, Forum Selection, & Jury Waiver

Except as set forth in the Arbitration Terms section above, all matters relating to your access to or use of the site and all matters arising out of or related to these Terms & Conditions, will be governed by the applicable laws of the United States of America and the laws of the State of Minnesota, without regard to Minnesota’s choice of law principles. Unless you and us agree otherwise, in the event that it is determined or these Terms & Conditions provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States District Court for the District of Minnesota, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the District of Minnesota for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Minnesota located in Hennepin County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and Schwan’s Home Delivery both waive your right to a jury trial, unless such waiver is unenforceable.

The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Terms section. Instead, as provided in the Arbitration Terms section, the FAA shall apply to any such disputes.

Miscellaneous

These Terms & Conditions, including policies and information linked from or incorporated herein or otherwise found on the Site, constitute the entire agreement between you and us with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. Except as provided in the Arbitration Terms section, if any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address and telephone number, current.

Contact Us

If you have any concerns about Schwan’s Home Delivery or your use of the Site, please Contact Us with a detailed description, and we will try to resolve it.