Effective Date: January 1, 2019
This page states the terms and conditions (the “Terms”) under which you may access and use the websites, mobile applications and online programs, including the digital products and services available through them (collectively, the “Digital Services”), made available in the United States by Peapod Digital Labs, LLC (“PDL”). Please read this page carefully. By using the Digital Services, you agree to be bound by all of these Terms. If you do not accept the Terms, please immediately cease use of this website and do not again access or use any Digital Services. PDL may, in its sole discretion, revise these Terms at any time; therefore, you should visit this page periodically to review them.
“Safe Harbor” Statement Regarding Forward-Looking Information or Statements
The Digital Services and documents available through them contain forward-looking statements that involve uncertainties. 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 Securities and Exchange Commission.
Access and Use of Digital Services
PDL reserves the right, in its sole discretion, to limit or terminate your access to or use of the Digital Services, 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 PDL may be entitled at law or in equity.
Use of Content
Content accessible through the Digital Services, such as text, graphics, images, software, features, tools and code (collectively, the “Content”), is the property of PDL and protected under United States and foreign copyright laws. In connection with your use of the Digital Services, PDL grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access, view, use, print and download a single copy of the Content for your personal use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears in the Content. PDL 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 Digital Services 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. Use of Content on any online or digital platform or in a networked environment is prohibited. Unauthorized use of Content violates copyright, trademark and other laws.
The names, marks and logos appearing in the Content are, unless otherwise noted, trademarks owned by or licensed to PDL. The use of these marks, except as provided in these Terms, is prohibited. From time to time, PDL makes fair use in the Contents of trademarks owned and used by third parties. PDL makes no claim to ownership of those marks.
PDL welcomes your comments on our Digital Services. However, you acknowledge that if you send PDL creative suggestions, ideas, comments, notes, drawings, recipes, concepts, inventions or other information (collectively, the “Information”), the Information shall be deemed, and shall remain PDL’s property. Generally, any communication that you post to the Digital Services or transmit to PDL over the Internet is considered to be, and will be treated as, non-confidential. If communications that will be treated by PDL as confidential can be made through any of the Digital Services, that fact will be clearly stated. Without limitation of the foregoing, by submitting any Information to PDL, you assign to PDL and PDL shall exclusively own all now known or hereafter existing rights to such Information of every kind and nature worldwide and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the submitter of the Information. You grant and are authorized to grant PDL the right to use, without consideration, any name or likeness you submit. You represent and warrant that you own or otherwise control all the rights to the Information you submit; that the Information is non-infringing and does not otherwise violate the rights of any person or entity and conforms to all applicable laws; that use of the Information you submit does not violate any provision of these Terms and will not cause injury to any person or entity; and that you will indemnify PDL for all claims resulting from Information you supply.
As a user of the Digital Services, you are responsible for your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: transmit to PDL 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 obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing to another user or any other person or entity or that is otherwise objectionable; send sexually-explicit material; 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.
PDL is under no obligation to post, forward, transmit, distribute or otherwise provide any material available through the Digital Services, including Information you provide to PDL. Accordingly, PDL has an absolute right to remove any material available through the Digital Services in its sole discretion at any time. PDL reserves the right to expel users and prevent their further access to the Digital Services for violating these Terms or the law and reserves the right to remove any communications from the Digital Services.
You are hereby informed that PDL has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of users of Digital Services who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent: Lisa Szalaji, Director of Legal Affairs, Retail Business Services, LLC on behalf of Peapod Digital Labs, 1385 Hancock Street, Quincy, MA 02169. Telephone: (617) 347-4254. Email: email@example.com.
To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent and (iii) include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
WARRANTY DISCLAIMERAlthough PDL strives for accuracy in all elements of the Content, it may contain inaccuracies or typographical errors. The content of all resumes and job postings is the sole responsibility of the individual or corporate entity submitting such material to PDL. Additionally, while users of the Digital Services are bound by these Terms not to submit false material, PDL cannot be responsible for the violation of these terms by users, or for the reliance by users upon false or misleading material submitted by other users. PDL makes no representations about the accuracy, reliability, completeness or timeliness of Online Material or about the results to be obtained from using the Digital Services. You access and use the Digital Services and Content at your own risk.
PDL DOES NOT WARRANT THAT THE DIGITAL SERVICES WILL OPERATE ERROR-FREE OR THAT THE DIGITAL SERVICES, CONTENT OR ANY COMPUTER SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE DIGITAL SERVICES RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PDL SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.
EXCEPT AS PROHIBITED BY APPLICABLE LAW, THE DIGITAL SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. PDL, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. PDL MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS OR LINKS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PDL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE DIGITAL SERVICES, CONTENT OR SITES LINKED TO THE DIGITAL SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PDL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Digital Services may contain links to websites owned by third parties. These links are provided solely as a convenience to you, and PDL is not responsible for and makes no representation regarding any linked third-party site or its content. If you decide to visit any such site using links from the Digital Services, you do so at your own risk. Indemnity
By using the Digital Services, you agree to defend, indemnify and hold harmless PDL, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) arising from or related to your use of the Digital Services, including the Content, or your breach of these Terms. PDL reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
The Digital Services originate from Chicago, IL, U.S.A. PDL does not claim that the Digital Services, including the Contents, are appropriate or may be used outside of the United States. Access to the Online Services may not be legal by certain persons or in certain countries. If you access the Digital Services 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 Digital Services. These Terms are governed by the substantive laws of the State of Illinois, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in Cook County, State of Illinois with respect to any dispute, disagreement or cause of action related to or involving the Digital Services. 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 of these Terms shall be deemed a further or continuing waiver of such Term or any other Term. Except as expressly provided elsewhere in the Digital Services, these Terms constitute the entire agreement between you and PDL with respect to your use of the Digital Services.