Hy-Vee Plus Membership Terms
Membership. The Hy-Vee Plus program is a premium membership offered by Hy-Vee, Inc. (“us” or “we”). The Hy-Vee Plus program membership (“Membership”) provides members both in-store and online benefits, including: free scheduled delivery of Aisles Online orders of $30.00 or more within the Aisles Online delivery area; free express pickup on Aisles Online orders of $30.00 or more; a personal shopper to give and get real-time feedback as your Aisles Online order is shopped; exclusive perks; and fuel discounts in coordination with your Hy-Vee Fuel Saver + Perks® loyalty program membership. The Membership is provided on a yearly basis. All deliveries are subject to availability, and service fees, special handling fees, and/or taxes may still apply. Memberships cannot be transferred or assigned. We reserve the right to accept or refuse Membership to anyone in our sole discretion.
Fees. Membership fees are provided during the membership signup process. From time to time, we may offer promotional discounts on new Memberships and different Membership terms and options. We may change the Membership fees at any time. Fee changes will apply to your Membership upon the renewal of your Membership for another term. The Membership fee is non-refundable except as expressly set forth in these terms and conditions. Taxes may apply on either or both of the Membership fee and any applicable charges for Hy-Vee Aisles Online.
Renewal. BY DEFAULT, MEMBERSHIP WILL AUTOMATICALLY RENEW AND YOU WILL BE CHARGED THE APPLICABLE MEMBERSHIP FEE AT THE TIME OF RENEWAL. YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING THE PAYMENT METHOD WE HAVE ON RECORD FOR YOU. IF YOU DO NOT WANT THE MEMBERSHIP TO AUTOMATICALLY RENEW, YOU MUST NOTIFY US OR CANCEL YOUR MEMBERSHIP AS SET FORTH BELOW BEFORE YOU ARE CHARGED THE MEMBERSHIP FEE.
Trial Memberships. From time to time, we may offer trial or promotional memberships to new customers or certain members. Such trial or promotional memberships are subject to these terms and conditions except as otherwise stated in the promotional offer. Only one trial or promotional membership is available per household. Upon expiration of a free trial or promotional period, we will automatically charge you the applicable Membership fee unless you cancel the trial or promotional membership prior to the end of the trial or promotional period.
Cancellation. You may cancel your Membership at any time without notice to us by editing your account preferences. You may cancel your Membership within the first 30 calendar days and receive a refund of the Membership fee you paid if you have not placed any orders or received any exclusive benefits or incentives from your Membership. If you cancel within the first 30 calendar days and have placed an order or received exclusive benefits or incentives from your Membership, or you cancel at any other time, you will not receive a refund, but you can continue to use the benefits of your Membership through the end of your current Membership term.
We can cancel your Membership at any time in our discretion without notice to you, provided that, if we do, we will provide you with a prorated refund based on the number of full months remaining in the Membership. Notwithstanding the foregoing, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these terms and conditions or any applicable law, involves fraud or misuse of the Membership, or is harmful to our interests or the interests of another user. Our failure to insist upon or enforce your strict compliance with these terms and conditions will not constitute a waiver of any of our rights.
Changes. These terms and conditions may be changed from time to time and without notice in our sole discretion and as provided by applicable law. You should check these terms and conditions frequently for any such changes, but, in any case, your continued access or use of the Membership will constitute acceptance of any such changes. If you do not agree to any of the changes, you must cancel the Membership. If any provision of these terms and conditions are deemed to be unlawful, void, or for any reason unenforceable, such provision will be deemed severed and will not affect the validity and enforceability of the remaining provisions.
Liability. You acknowledge that the Membership is provided on an “as is” and “as available” basis and that we do not make any warranty or representation as to its availability, usability, or fitness for a particular purpose. We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Membership. To the fullest extent permitted by applicable laws, we will not be liable to you for any claims, losses, demands, or damages of any kind whatsoever with respect to or connected to these terms and conditions or your Membership, including, without limitation, direct, indirect, incidental, or consequential losses or damages, whether it be in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, loss or corruption of data and any other commercial or economic loss of any kind). Further, our liability to you for loss or damage of any kind arising out of these terms and conditions or in connection with the relationship established by them is limited to the last Membership fee you paid. This limit applies whether our liability is in contract, tort (including negligence), under any statute or otherwise and will survive cancellation or termination of your Membership.
Disputes. ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR MEMBERSHIP, THESE TERMS AND CONDITIONS, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND HY-VEE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES IN EFFECT AT THE TIME OF THE COMMENCEMENT OF THE ARBITRATION INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT HY-VEE AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The Arbitration shall take place in Des Moines, Iowa, unless the parties mutually agree in writing to an alternate location
If an arbitrator determines a particular dispute is excluded from mandatory arbitration for any reason (including, but not limited to, by applicable federal or state law), the parties agree to submit to the jurisdiction and venue of the state or federal courts sitting in Des Moines, Polk County, Iowa, for any action or proceeding arising out of or relating to these Terms and Conditions and the Membership, and each of the parties waives any defense of inconvenient forum to the maintenance of any action or proceeding in the state or federal courts sitting in Des Moines, Polk County, Iowa.
All issues and questions concerning the construction, validity, interpretation and enforceability of these terms and conditions, or your and our rights and obligations shall be governed by and construed under the laws of the United States (including federal arbitration law) and the by the laws of the State of Iowa, without regard to conflicts of law principles or rules.
Last updated on November 20, 2020
©2020 Hy-Vee, Inc. All rights reserved.
1 The Hy-Vee Plus program was formerly known as the Hy-Vee Aisles Online Membership program, but has expanded to include additional features and perks. Those who were existing members of the former Aisles Online Membership program will be automatically converted to membership in the Hy-Vee Plus program, subject to these terms and conditions.