Terms of Use & Conditions

Home Run Markets Terms of Use & Conditions

Introduction

By visiting www.homerunmarkets.com you agree to abide by the Terms of Use described below. We have created these rules and guidelines to protect you and to ensure that Home Run Markets’ website is safe for everybody. By agreeing to these terms, you are taking responsibility for your own actions. You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. If you do not agree to all of the terms of use below, please do not access or use this site and immediately discontinue its use.

Legal Notice and Disclaimer

Home Run Markets obtains all information, downloadable files and software contained herein from sources believed by Home Run Markets to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, Home Run Markets shall not be held responsible for any errors or omissions in the information, and/or downloadable files, and/or software available at the Home Run Markets website. Home Run Markets makes no representations, and expressly disclaims all responsibilities, about the suitability, for any purpose, of the information, downloadable files and/or software that are available to the user at the Home Run Markets website.

Information and software may be changed at any time without notice of any kind. The information and software on this site are provided “as is” without expressed or implied warranty of any kind. Home Run Markets disclaims all warranties with regard to the information and/or software, including all implied warranties of merchantability and fitness for a particular purpose. In no event shall Home Run Markets be liable for any special, incidental, indirect or consequential damages or any other damages whatsoever, including without limitation, any loss of use, lost data, or lost profits or opportunity, or punitive damages, whether in an action of contract, negligence or other tort action, arising out of or in connection with the accuracy, use, or performance of the information, and/or downloadable files and/or software on Home Run Markets’ website. Some U.S. states and foreign countries provide rights in addition to those above, or do not allow limitation or exclusion of implied warranties, or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be state provisions that supersede the above. Any clause or any portion of a clause declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder of the clause. These terms may only be amended in writing, must be signed by Home Run Markets’ authorized representatives, and shall be governed by the laws of the state of North Carolina.

Links to Third Party Sites

The links to third parties contained within this website will allow you to leave Home Run Markets’ site. The sites that are linked to Home Run Markets’ site are not under the control of Home Run Markets. Home Run Markets is not, and shall not be, held responsible for the contents, in any way or form, of any linked site or of any link contained in a linked site. Home Run Markets provides these links only as a convenience to you, the user of the website; and the inclusion of any link does not imply endorsement by Home Run Markets of the linked site. Any rights not expressly granted by Home Run Markets herein are expressly reserved.

Home Run Markets Website Terms of Use

Acceptance of Terms of Use for www.homerunmarkets.com: The access to Home Run Markets’ site is provided free of charge to you by Home Run Markets under the Terms of Use.

The site is not targeted towards, nor intended for use by anyone under the age of 13.  If you are between the ages of 13 and 18, you may use the site only under the supervision of a parent or legal guardian who agrees to be bound by the Terms of Use. Home Run Markets does not seek to gather personal information from or about persons under the age of 18 through the website and persons under the age of 18 are requested not to provide personal information to Home Run Markets through the website without the supervision of a parent or legal guardian.

NOTICE TO PARENTS & GUARDIANS: By granting your child permission to use the site, you agree to the Terms of Use.  If your child or minor for whom you are responsible is using the site and is either under 13 years of age, or between the ages of 13 and 18 and does not have your permission, please contact Home Run Markets so that Home Run Markets can disable his or her access to the site to the extent possible.

Although portions of Home Run Markets’ site may be viewed simply by visiting the site, in order to receive additional services from Home Run Markets you may need to sign on as a guest or register as a member of Home Run Markets’ site. If you sign on to Home Run Markets’ site as a guest or if you register as a member of Home Run Markets’ site community, these Terms of Use will govern your use of Home Run Markets’ site, including access to message boards and other features.

BY SIGNING ON TO HOME RUN MARKETS’ SITE AS A GUEST AND/OR BY COMPLETING THE REGISTRATION PROCESS YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.

These Terms of Use govern your use of Home Run Markets’ site and all services provided in connection with Home Run Markets’ site. Home Run Markets shall not be liable to you for any breach of these Terms of Use. In addition, Home Run Markets does not bear any fiduciary responsibility to any user of this website. If you do not agree to these Terms of Use, please do not register for or enter Home Run Markets’ site. The Terms of Use for your continued use of Home Run Markets’ site will be posted on the Home Run Markets site. Please check this area before using Home Run Markets’ site to determine whether a change has been made to these Terms of Use. If you do not agree to these changes in the Terms of Use as they may occur, please arrange to terminate your registration with Home Run Markets’ site immediately (i) by notifying Home Run Markets of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of Home Run Markets’ site. Your continued use of Home Run Markets’ site shall be construed as, and shall constitute your acceptance of any and all changes in the terms and conditions set forth herein.

From time to time Home Run Markets may supplement these Terms of Use with additional Terms pertaining to specific content or events (“Additional Terms”), which Additional Terms may be placed on Home Run Markets’ site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.

Registration Information/Privacy Policy Collection of Personal Information

When you engage in certain activities on this site, such as filling out forms, downloading software, or entering complaints, Home Run Markets may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, Home Run Markets may require that you provide certain personal information, such as your name, mailing address, e-mail address, and other personal identifying information.

Home Run Markets collects this information in order to record and support your participation in the activities you select. All information collected, regardless of type, will be protected pursuant to the Privacy Act and the Freedom of Information Act.

If you would like your name deactivated from Home Run Markets’ lists, or if you would like to unsubscribe from Home Run Markets’ e-mail bulletins, please use the contact information below to request that Home Run Markets deactivate you from its lists. Be sure to include your name, postal address, telephone number, information contained in your Home Run Markets mailer, and/or other necessary information needed for deactivation.

Home Run Markets will use reasonable efforts to honor your requests, but we appreciate your patience in allowing us a reasonable amount of time for processing.

Use of Cookies

When you visit www.homerunmarkets.com, you can surf the site anonymously and access important information without revealing your identity. In order to analyze and improve our site, we may use “cookies” to track your visit. A cookie is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It cannot be executed as code or deliver viruses.

Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will not be able to access those pages.)

While Home Run Markets uses cookies to track your visit to www.homerunmarkets.com, and our Web servers automatically log the IP/Internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided Home Run Markets with personal information.

Please note that Home Run Markets is not responsible for the content or privacy practices of non-Home Run Markets Web sites to which www.homerunmarkets.com may link.

Home Run Markets Contact Information

Attn: Home Run Markets – Website Privacy
300 East Broad Street
Statesville, NC 28677
Telephone: (704) 664-1566

Modifications of these Terms of Use

Home Run Markets may modify these Terms of Use from time to time at its sole discretion. Each time you log on to Home Run Markets’ site, you will be deemed to have accepted any such changes, unless you arrange to terminate your registration with Home Run Markets’ site immediately (i) by notifying Home Run Markets of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of Home Run Markets’ site.

Modifications of the Home Run Markets Site

Home Run Markets may modify or discontinue Home Run Markets’ site with or without notice to you and without liability to you or to any third party.

Content of Messages

Home Run Markets does not and cannot review all materials posted to the website by users, and Home Run Markets is not responsible for any such materials posted by users. However, Home Run Markets reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Home Run Markets’ sole discretion are objectionable or in violation of this Agreement.

You also agree not to use Home Run Markets’ site to send or post on message boards or any place on Home Run Markets’ site, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. Home Run Markets reserves the right to delete any such material from Home Run Markets’ site. Home Run Markets will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use. You agree not to post or use Home Run Markets’ site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio files. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

You acknowledge that (i) Home Run Markets permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to Home Run Markets’ site, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that Rights do not protect any information, software, images or any other content on Home Run Markets’ site rests with you. You acknowledge that Home Run Markets may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

Third Party Services

Special routing icons may be included within Home Run Markets’ site, the activation of which will allow you to access and learn more about Home Run Markets and other services provided by Home Run Markets or its affiliates whereby the use of such icons is free of additional charge to you. When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to the use of these services.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF HOME RUN MARKETS’ SITE IS AT YOUR SOLE RISK. HOME RUN MARKETS’ SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOME RUN MARKETS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HOME RUN MARKETS MAKES NO WARRANTY THAT HOME RUN MARKETS’ SITE WILL MEET YOUR REQUIREMENTS, OR THAT HOME RUN MARKETS’ SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES HOME RUN MARKETS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HOME RUN MARKETS’ SITE. HOME RUN MARKETS WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF HOME RUN MARKETS’ SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF HOME RUN MARKETS’ SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT HOME RUN MARKETS DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH HOME RUN MARKETS’ SITE. HOME RUN MARKETS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER HOME RUN MARKETS NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN HOME RUN MARKETS’S SITE, ARE ENGAGED IN RENDERING LEGAL, BUSINESS, INVESTING, COUNSELING OR OTHER ADVISORY SERVICES. HOME RUN MARKETS ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.

HOME RUN MARKETS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN HOME RUN MARKETS’ SITE IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOME RUN MARKETS OR THROUGH HOME RUN MARKETS’ SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

HOME RUN MARKETS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH HOME RUN MARKETS’ SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH HOME RUN MARKETS’ SITE.

HOME RUN MARKETS IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE HOME RUN MARKETS’ SITE. AS A CONVENIENCE TO HOME RUN MARKETS’ USERS, HOME RUN MARKETS MAY PROVIDE LINKS TO RESOURCES THAT ARE BEYOND HOME RUN MARKETS’ CONTROL. HOME RUN MARKETS MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH HOME RUN MARKETS MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST HOME RUN MARKETS WITH RESPECT TO SUCH SITES.

Limitation of Liability

HOME RUN MARKETS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE HOME RUN MARKETS’ SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH HOME RUN MARKETS’ SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF HOME RUN MARKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Promotional Messages

Home Run Markets may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Home Run Markets makes no representation or warranty with respect to the content of any such e-mail messages or services that may be obtained from Home Run Markets, and you agree that Home Run Markets shall not have any liability with respect thereto.

Indemnification

You agree to indemnify and hold each officer and/or employee of Home Run Markets, its parent companies, subsidiaries and affiliates, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Home Run Markets’ site, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be North Carolina State and U.S. Federal courts sitting in the County of Iredell or, the North Carolina State and U.S. Federal courts having within their jurisdiction the location of Home Run Markets’ principal place of business. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.

Remedies for Breach of These Terms by You

In the event that Home Run Markets determines, at its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of Home Run Markets’ site, Home Run Markets reserves the right to (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to Home Run Markets’ site, (iii) delete all content provided by you to Home Run Markets’ site, (iv) discontinue your registration with Home Run Markets’ site and/or any other Home Run Markets community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which Home Run Markets deems to be appropriate.

Miscellaneous

In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

Home Run Markets may assign its rights and obligations under these Terms of Use and upon such assignment Home Run Markets may be relieved of any further obligation hereunder.

You represent to Home Run Markets that you have the authority to register with Home Run Markets’ site according to these Terms of Use.

These Terms of Use and any Additional Terms (as such terms shall be identified when posted on Home Run Markets’ site by Home Run Markets) constitute the entire understanding between the parties as to the subject matter herein, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of Home Run Markets, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.

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