Privacy and Terms

Privacy Policy

Our Privacy Policy was developed as an extension of our commitment to combine the highest-quality soup, baked goods and gift items with the highest level of integrity in dealing with our customers. The Policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our site. This statement will be continuously assessed against new technologies, business practices and our customers' needs.

When you visit our website, you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and Website use information collected on an aggregate basis as you and others browse our Website.

1. Personal Information You Choose to Provide

Credit Card Information

If you choose to purchase products or services from us or our partners, you may need to give personal information and authorization to obtain information from various credit services. For example, you may need to provide the following information:

  • Name
  • Mailing address
  • Email address
  • Credit card number
  • Home and/or business phone number
  • Other personal information (i.e. mother's maiden name)
  • Email Information

In addition to providing the foregoing information to our partners, if you choose to correspond further with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.

2. Website Use Information

Similar to other commercial Websites, Heart & Bowl utilizes a standard technology called "cookies" (see explanation below, "What Are Cookies?") and Web server logs to collect information about how our Website is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Website, and the Websites visited just before and just after our Website. This information is collected on an aggregate basis. None of this information is associated with you as an individual.

Heart & Bowl uses personal information for purposes of administering our business activities, providing customer service and making available other soup, baked goods and gift items available to our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about important changes to our Website, new products and special offers we think you will find valuable. The lists used to send you product and service offers are developed and managed under our traditional corporate standards designed to safeguard the security and privacy of our customers' personal information.

Cookies are a feature of Web browser software that allows Web servers to recognize the computer used to access a Website. Cookies are small pieces of data that are stored by a user's Web browser on the user's hard drive. Cookies can remember what information a user accesses on one Webpage to simplify subsequent interactions with that Website by the same user or to use the information to streamline the user's transactions on related Webpages. This makes it easier for a user to move from Webpage to Webpage and to complete commercial transactions over the Internet. Cookies should make your online experience easier and more personalized.

Heart & Bowl website browser software tools such as cookies and Web server logs to gather information about our Website users' browsing activities, in order to constantly improve our Website and better serve our customers. This information assists us to design and arrange our Webpages in the most user-friendly manner and to continually improve our Website to better meet the needs of our customers and prospective customers.

Cookies help us collect important business and technical statistics. The information in the cookies lets us trace the paths followed by users to our Website as they move from one page to another. Web server logs allow us to count how many people visit our Website and evaluate our Website's visitor capacity. We do not use these technologies to capture your individual email address or any personally identifying information about you.

When you send confidential personal credit card information to Heart & Bowl on our Website, a secure server software which we have licensed encrypts all information you input before it is sent to us. The information is scrambled en route and decoded once it reaches our Website.

Other email that you may send to us may not be secure unless we advise you that security measures will be in place prior to your transmitting the information. For that reason, we ask that you do not send confidential information such as Social Security or account numbers to us through an unsecured email.

Information Security. We utilize encryption/security software to safeguard the confidentiality of personal information we collect from unauthorized access or disclosure and accidental loss, alteration or destruction.

Employee Access, Training and Expectations. Our business values, ethical standards, policies and practices are committed to the protection of customer information. In general, our business practices limit employee access to confidential information, and limit the use and disclosure of such information to authorized persons, processes and transactions. You may request access to all your personally identifiable information that we collect online and maintain in our database by logging in to the My Account section of this website.

Heart & Bowl does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested or under the following circumstances:

  • We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
  • We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use, or as otherwise required by law.
  • Heart & Bowl is not responsible for the practices employed by Websites linked to or from our Website nor the information or content contained therein. Often times, links to other Websites are provided solely as pointers to information on topics that may be useful to the users of our Website.

Terms of Use

WE OFFER THIS SITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS ("TERMS"). YOUR USE OF THIS SITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE.

General Use Restrictions

Our company, or third parties granting rights to us hold all right, title, and interest in and to the materials on http://www.heartandbowl.com, which are our copyrighted work. Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Heart & Bowl.

We grant you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with this website. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials on http://www.heartandbowl.com in any manner.

Your use of http://www.heartandbowl.com is at your own risk. This Site may include inaccuracies or errors that may affect the quality of the materials on the Site. The materials have not been independently verified or authenticated in whole or in part by us. We do not warrant the accuracy or timeliness of the materials. We have no liability for any errors or omissions in the materials, whether provided by us or third parties.

This site, at http://www.heartandbowl.com is provided to you on an "as is" and "where-is" basis, without any warranty for any third party providing materials, services, or content to this website, make no representations or warranties in connection with the site including but not limited to the quality, suitability, truth, accuracy or completeness of any material, information, product, or service contained on the site.

All conditions, representations and warranties on http://www.heartandbowl.com, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed. We will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the site, including but not limited to, your use of this site or your inability to use the site, even if we have previously been advised of the possibility of such damages.

Violation of the Terms and Conditions

By using our Sites, you understand and agree that we, at our sole discretion and without prior notice, may suspend or terminate your access to, or bar your future access to our Site and to any services offered on our Site, and may modify or remove any User Content if we believe, in our sole discretion, that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law, these Terms and Conditions, or the rights of Provide Commerce or another user. We will have no liability to you for any deletion of your User Content.

Inaccuracies or Errors

The descriptions, pictures and other representations of products or services on http://www.heartandbowl.com may contain inaccuracies and errors. We do not make any warranty or representation with respect to the accuracy or completeness of any such information. Furthermore, the prices and availability of products on http://www.heartandbowl.com may change without notice to you at any time in our sole discretion.

User Comments, Feedback, and Other Submissions

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Heart & Bowl, whether online, by email, by postal mail, or otherwise ("Comments") shall be and remain Heart & Bowl property. Your disclosure, submission or offer of any Comments shall constitute an assignment to Heart & Bowl of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments, and Heart & Bowl shall not be limited in any way in its use, commercial or otherwise, of any Comments. Heart & Bowl is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Heart & Bowl has the right but not the obligation to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Heart & Bowl or third parties as to the origin of any Comments. You are solely responsible for any Comments you make. Heart & Bowl takes no responsibility and assumes no liability for any Comments posted by you or any third party.

Gift Messages
We reserve the right to exclude profanity or other items that we deem vulgar from handwritten notes and gift messages without notifying the sender or intended recipient of such action.

Site Links
The Site may contain links to other Web sites that are not under the control of Heart & Bowl. Heart & Bowl has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Site's users.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.

Payment Terms

For each product or service you order, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges and any delivery/shipping fees for the delivery/shipping service you select) as of the time you submitted the order. Unless have agreed to an alternate billing arrangement in writing signed by Heart & Bowl, Heart & Bowl will automatically bill your credit card submitted as part of the order process for such price. All prices are non-refundable. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.

HEART & BOWL SALES AND USE TAX POLICY STATEMENT

We have prepared this sales tax policy statement to explain to you when and why we collect sales tax on your purchases.

IMPORTANT NOTICE: Even if we do not collect sales tax from you, you may owe sales tax on your purchase. Unless you live in Alaska, Delaware, Montana, New Hampshire, or Oregon, your state most likely requires purchasers to report and pay tax on all purchases that are not taxed at the time of sale. The tax may be reported and paid on your individual income tax return or by filing a consumer use tax return. For more information, please visit your state's department of revenue website.

HEART & BOWL COLLECTS SALES TAX in states where we have physical presence (or nexus), including California. Heart & Bowl also collects sales tax in states that have adopted the Streamlined Sales and Use Tax Agreement (SSUTA), including Arkansas, Georgia, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming.

HEART & BOWL DOES NOT COLLECT SALES TAX in any state NOT listed above because Heart & Bowl is not required to collect sales or use tax in these states.

FOR OUR TAX-EXEMPT CUSTOMERS:
HEART & BOWL DOES NOT COLLECT SALES TAX if we have your exemption certificate on file.

Shipping and Delivery

Heart & Bowl, in conjunction with our service providers, will attempt to deliver a product on the requested delivery day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. We reserve the right to make deliveries in installments, which shall not relieve you from your obligation to accept and pay for remaining deliveries. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. All products are deemed accepted upon our delivery of the product to you or your designated recipient’s address.

Heart & Bowl is not responsible for:

  • Gift products delivered to incorrect addresses supplied by the sender.
  • Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender.
  • Decreased product quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender.
  • Product quality problems caused by improper handling by the recipient.

Guarantee and Disclaimers

Heart & Bowl guarantees that you will be completely satisfied with any gift products ordered on heartandbowl.com

With respect to our guarantee, our sole and exclusive obligation or liability and your sole and exclusive remedy will be, in our discretion, to refund the purchase price or to replace and deliver equivalent gift items, as soon as reasonably possible.

The applicable claim must be brought within fourteen (14) days after delivery or we shall not be liable and you will have waived any and all related claims regarding such product items.

While we endeavor to provide the most accurate, up-to-date information available, our site (including our site content) may be out of date or include omissions, inaccuracies or other errors. Our site (including our site content) is provided “as is” and “as available.” We do not promise that our site (or site content or services) will be error-free, timely, secure, virus free, or uninterrupted, or that the use of our site (or site content) will provide any specific results.

Except for the limited guarantee provided above in this section, we expressly disclaim all representations, guarantees, warranties, express or implied, of any kind with respect to our sites (including our products, services, and site content) including but not limited to, the warranties of merchantability and fitness for a particular purpose, title, non-infringement of third party rights, and accuracy. No oral or written information or advice given by us or our authorized representatives shall create a warranty or in any way increase the scope of our obligations under these terms and conditions.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights, which vary from jurisdiction to jurisdiction. If applicable law requires any warranties with respect to the products or services, all such warranties are limited to the duration of the applicable express guarantee above.

Limitation of Liability

You agree that, except as explicitly set forth herein, Heart & Bowl, its directors, officers, employees, representatives, successors, licensors, and suppliers shall not be liable to you or any third party for any of the following types of damages related in any way to our relationship with you (including our products, services, or site content) or third-party materials or web sites: indirect, exemplary, special, incidental, punitive or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, related to our products or your access to, and use of, our sites or any other hyper-linked third party web site, even if we have been advised of, or are aware of, the possibility of such damages.

Notwithstanding the anything to the contrary, our liability to you for any damages arising from or related in any way to our relationship with you (including our products, services, or site content), or third-party materials or web sites (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amount paid to heart & bowl for the applicable transaction giving rise to the liability, or, if there is no paid transaction related to the liability, the lesser of the amounts paid by you to heart & bowl in the prior twelve (12) months and fifty dollars ($50).

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.

Indemnity

By using our Site, you agree to indemnify and hold Heart & Bowl, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of such Site, including providing a link to another site or any User Content or your violation of these Terms and Conditions.

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