HEART OF AMERICA GROUP PRIVACY STATEMENT AND USE POLICIES.
Our lawyers have told us we must get you to agree to these Terms and Conditions if you are going to visit our Heart Of Group site (heartofamericagroup.com). While sometimes lawyers seem to want to take the fun out of things (and also be wordy while they are doing it), we do agree with them on this one. So please understand, if you use the heartofamericagroup.com or any of it’s subsidiary sites, you are agreeing to be bound by the following Terms and Conditions.
TERMS AND CONDITIONS
The Trademark Heart Of America Group and it’s subsidiary sites that are used in heartofamericagroup.com and it’s subsiiary sites is owned by Heart of America Group a wholly owned and used under license by its affiliated companies (hereinafter, “Heart Of America Group”). You may not use the Trademark displayed on this Site, or any other content on heartofamericagroup.com, except as provided in these Terms and Conditions. Any other use is strictly prohibited and Heart Of America Group will take all necessary action to enforce its rights.
You should assume that everything you see or read on this heartofamericagroup.com is copyrighted and may not be used except as provided in these Terms and Conditions. You may download one copy of the contents of heartofamericagroup.com to one computer for your personal and non-commercial home use provided you do not change any copyright, trademark, or other proprietary notice. If you modify or use the materials for any other purpose, you will be violating the intellectual property rights of Heart Of America Group which it vigorously protects.
Heartofamericagroup.com provides you an opportunity to communicate with us. Please be aware that any communication, whether it be suggestions, ideas, graphics, or other material, to Heart Of America Group through heartofamericagroup.com or otherwise will be treated as non-confidential and non-proprietary. Anything you submit, transmit, or post becomes the property of Heart Of America Group, or its affiliates (The Machine Shed, Thunder Bay Grille, Johnny’s Italian Steakhouse, Gramma’s Kitchen Restaurant, The Checkered Flag Bar and Grille, and Wildwood Lodge) and is free to use, without being limited thereto, any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or non-commercial, without payment of any compensation to you.
Heart Of America Group has used reasonable efforts to include accurate and up-to-date information on heartofamericagroup.com; however, it makes no warranties or representation as to the accuracy of its contents. Heart Of America Group does not assume any liability or responsibility for any errors or omissions in the contents of heartofamericagroup.com.
This Heart Of America Group Site and all content, included or available therein, are provided “As Is” and “As Available” with all faults. THE CONTENT IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY AND ACCURACY (ALL OF WHICH ARE DISCLAIMED). Heart Of America Group does not represent or warrant that your use of the Heart Of America Group Site will be uninterrupted, error free, secure, free of viruses or other harmful components, or that any content is accurate or correct. Your use of this Heart Of America Group Site is solely at your own risk. Because some jurisdictions do not permit the exclusions of certain warranties some of these exclusions may not apply to you. Under no circumstance shall Heart Of America Group, its subsidiaries, or affiliates and each of the foregoing directors, officers, employees, agents, contractors, counsel, successors and assigns be liable for any damages or injury whether direct, indirect, punitive, incidental, special or consequential that results from the use of or inability to use this Heart Of America Group Site or any portion thereof including, without being limited thereto, any offering that may be made therein. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Heart Of America Group had been advised of the possibility of such liability. The total liability of Heart Of America Group to you for all losses, damages and causes of action (in contract, tort, including without limitation, negligence, or otherwise) will not be greater than the amount you paid to access the Heart Of America Group Site. You may bring no claim against Heart Of America Group more than one (1) year after the action arose. Because some jurisdictions do not allow the exclusion of incidental or consequential damages the liability of Heart Of America Group in such jurisdiction shall be limited to the extent permit by the law thereunder.
Heart Of America Group makes no representation about any other site that you may access through its Site and is not responsible for the contents of any other site. Unless expressly stated, Heart Of America Group does not endorse any products or services offered by any company or person linked to its Site. You may not create a link to the Heart Of America Group Site without first obtaining its written permission.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any laws. Heart Of America Group will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
This Site is controlled by HOA from its offices within the United States of America. Heart of America Group makes no representation that all of the contents of heartofamericagroup.com are appropriate or available for use in other locations, and access to heartofamericagroup.com is prohibited from locations where some or all of the content is illegal. If you choose to access this site from other locations, you do so on your own initiative and you are responsible for compliance with applicable local laws. You may not use or export any contents of heartofamericagroup.com in violation of U.S. export laws and regulations. Any claim relating to heartofamericagroup.com content shall be governed by the internal substantive laws of the State of Illinois without regard to its conflict of law principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Federal and State Courts located in Scott County, IA USA.
Any failure by Heart Of America Group to enforce any of its right under these Terms and Condition or under applicable law shall not constitute a waiver of such rights. If any provision of the Terms and Conditions shall be deemed unlawful by a Court of competent jurisdiction, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions hereunder. These terms and conditions contain the entire agreement between you and Heart Of America Group relating to your use of the Heart Of America Group Web Site.
We understand that your personal privacy is one of your biggest concerns and we are committed to protecting it. At Heart Of America Group, it is our policy not to distribute, sell, rent or in any way make available, your name, email address or any other personal information to any third party without your permission. Further, participation in site features such as newsletters, sweepstakes, recipe sharing, fresh to your door, etc. is consent for communication from Heart Of America Group via email or postal mail, but not from third parties.
Heart Of America Group may, at any time, revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions.
ABOUT THE LINKS CITED:
We will not assume any responsibility for the content of any of the links we cite. You are surfing at your own risk and if you find anything offensive or objectionable on other sites we link, please feel free to blow up their emails with a variety of complaints. We find a link that interests us, we put it up. Someone gives us a link, we give them a link. That is the extent of it. You should also feel free to contact us, however, to make us aware that a website has seriously objectionable material or propaganda on it, such as pornography, pro-drug dialogue, anti-rave propaganda, shady sales tactics, etc. If your objection checks out, we will remove the link as soon as possible.
At times we may use photos on our site from an event held at one of our properties. Sometimes people happen to be doing something humorous whether it be picking their nose, caught with an odd look on their face, or are pictured in a strange dance move. Please understand that sometimes the descriptions under the images are created to make the viewer laugh. If you find something offensive or misquoted, it was most likely done so in a humorous manner. If your name is listed under a picture and you would prefer anonymity, please CONTACT US . We will more than likely help you out.
If you visit our site to browse, or to read or download information like menus or brochures or press releases:
We collect and store: the name of the domain and host from which you access the Internet (for example, aol.com or princeton.edu); the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access our site; and the Internet address of the website from which you linked directly to our site.We use this information to measure the number of visitors to the different sections of our site, and to help us make our site more useful. Generally, we delete this information after one year.
We do use “cookies” on this site. A “cookie”is a small text file that a website can place on your computer’s hard drive in order, for example, to collect information about your activities on the site or to make it possible for you to use an online “shopping cart” to keep track of items you wish to purchase. The cookie transmits this information back to the Web site’s computer which, generally speaking, is the only computer that can read it. Most consumers do not know that “cookies” are being placed on their computers when they visit websites. If you want to know when this happens, or to prevent it from happening, you can set your browser to warn you when a website attempts to place a “cookie” on your computer.
CONTACTING THE WEB SITE
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, contact us.
This is how we handle information we learn about you from your visit to our website. The information we receive depends on what you do when you visit our site. If you choose to identify yourself by sending us an email or when using our secure online forms (e.g., Comment Cards, Request Information, or Mail list, or Event Request Forms, etc):
We use personally-identifying information from consumers in various ways to further our consumer protection and competition activities. We collect this information under the authority of the Federal Trade Commission Act and other laws we enforce or administer. We may enter the information you send into our database to make it available to our attorneys and investigators involved in law enforcement. We also may share it with a wide variety of other government agencies enforcing consumer protection, competition, and other laws. If you contact us because you have been the victim of Identity Theft, we also may share some information you provide with certain private entities, such as credit bureaus and any companies you may have complained about, if we believe that doing so might help resolve identify theft-related problems. In addition, when you submit a complaint, you may be contacted by the FTC or any of the agencies or private entities to whom your complaint has been referred.
If you contact us to order publications, we will use your information only to fulfill your order or to contact you about your order.
In other limited circumstances, including requests from Congress, Freedom of Information Act (FOIA) requests from private individuals, or in accordance with our public record rules, we may be required by law to disclose the information you submit. If you use one of our online forms, the information you provide is up to you. If you don’t provide your name or other information, it may be impossible for us to refer, respond to, or investigate your complaint or request. If you want to get information about you that may be in our records:
The Freedom of Information Act and the Privacy Act of 1974 provide you certain rights to get information about you that is in our records. To learn more about the circumstances under which you can get and correct this information, visit the Freedom of Information Act page.Here’s what you should know about the security of the information you provide to us:
We use secure socket layer (SSL) encryption to protect the transmission of information you submit to us when you use our secure online forms. All the information you provide us through these forms is stored securely offline.
Heart of America Group
1501 River Drive
Moline, IL 61265
If you experience technical problems with the operation of this website, contact our Webmaster
NFORMATION COLLECTED AND HOW WE USE IT
You always remain in control of the information you provide to Heart of America Group. We collect two types of information about visitors: Personal information (such as name, address, telephone number, e-mail address, credit card information if you place an order with us, etc.) which you have voluntarily submitted to us, and Aggregate information (such as information about how many visitors log on to our sites, the pages they access, etc.).
In general, you can visit our websites without telling us who you are or revealing personal information about yourself, although you may then not be able to participate in certain promotions or receive product information. We collect, maintain and use personal information you have voluntarily submitted to contact you, including via email, to respond to your comments or requests for information, or to contact you if needed in the course of processing or shipping your order for products or services offered over our web sites. In addition, we may use personal information to provide you the most helpful and targeted products and services to meet your needs and respond to your inquiries. To better meet your needs, we may supplement the information we collect with data obtained from third parties for the same purposes.
DATA SHARING AND TRANSFER
Heart of America Group will not trade, sell or share your personal information for use by any business not within the Heart of America Group domain without your consent, unless required by law or as disclosed to you when the information is collected. If you do provide us with consent to share your information with other companies, we may share your information with companies who offer products and services that may be of interest to you. These companies may then contact you directly with product or sample offers, personalized offers and information, or to ask for your feedback on products and programs that they think may be of interest to you.
Your personal information will generally be stored in the Heart of America Group databases, which are located in the United States. Specific information is provided on the web site’s consent or registration form, where needed. For easier processing of e-mail campaigns or other marketing purposes, however, your personal information may be sent, usually on a temporary basis, to hired database consultants outside the Heart of America Group domain for processing. Nonetheless, our policy is to ensure that your information is always granted the same level of protection no matter where it is stored.
Heart of America Group adheres to U.S./EU Safe Harbor principles. If you feel that Safe Harbor privacy principles may have been violated by Heart of America Group, you may contact Heart of America Group, the U.S. Direct Marketing Association, or the Better Business Bureau Online with your complaint.
Heart of America Group has selected MVP Internet Concepts to provide email delivery and online advertising services for many of its websites. MVP Internet Concepts may use cookie technology to track the activities of anyone who clicks on links within the email message or online advertising it sends. ??????
YOU CAN CHOOSE TO BE CONTACTED OR NOT
Our sites allow you to choose, for example, to receive or stop receiving communications from us. If you would like to be removed from our database you enrolled in or prevent further use of your personal information, please click on the link below.
To Prevent Further Use of Your Personal Information – You will be asked for your information as a way for us to identify you in the database you can remove your information from our database by selecting unsubscribe” here as a way to remove yourself from our online programs.
We take care to protect children’s privacy, and abide by national and international laws and regulations on children’s privacy.
We take steps to make all information received from you online as secure as reasonably possible against unauthorized access and use.
ACCESS TO YOUR INFORMATION AND COMPLAINTS
We attempt to keep your files complete, up-to-date, and accurate. Please update your information here: We are committed to working with you to obtain a fair and rapid resolution of any complaints or disputes about privacy. Questions regarding our Privacy Statement should be directed to Heart of America Group – Phone: 866-799-9300 – FAX: 866-840-8050
LINKS TO OTHER SITES
Some Heart of America Group websites may contain links to other websites. Heart of America Group has no control over the privacy practices or the content of such websites. We recommend you carefully read the privacy policies of each site you visit.
YOUR ACCEPTANCE OF OUR PRIVACY PRACTICES
By using this website or any other Heart of America Group website or interactive banner ads, you signify your acceptance of our Privacy Statement, and you adhere to the terms and conditions posted on the website.
Last updated: 05/11 – MDanielsen