TERMS OF USE & PRIVACY POLICY

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE WEBSITE. THIS WEBSITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER, AND YOU REPRESENT AND WARRANT BY USE OF THIS WEBSITE THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT. IF YOU DO NOT MEET THESE REQUIREMENTS, YOU MUST NOT ACCESS THE WEBSITE.

This Website is owned, operated, licensed, or controlled by Heart of America Group, a consortium of independent companies whose successes are in fields of development, restaurant hospitality, lodging hospitality, franchising, design, architecture, construction, operational management and support, marketing, retail and office centers, residential development, civic involvement and philanthropy (collectively “HOA Group”, “us”, “we”, or “our”) are for your personal use.

Your access to and use of the Website is subject to the following Terms of Use and Privacy Policy.

We reserve the right to update these Terms of Use and Privacy Policy at any time without notice to you. The most current version of these Terms of Use and Privacy Policy may be accessed by clicking on the “Terms and Privacy” hypertext link located at the bottom of the website. By using this Website, you accept, without limitation or qualification, the Terms of Use and Privacy Policy. If you do NOT agree to the Terms of Use and Privacy Policy, please do NOT use the Website.

Restrictions on Use. Material from the Website may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of HOA Group EXCEPT: you may download one copy of any menu on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates HOA Group’s intellectual property rights. The material in the Website is provided for lawful purposes only.

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related services, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related services, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related services for violating any of the prohibited uses.

Restriction on Liability. We will not be liable for any damages or injury caused by, including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. We will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in the website, even if there is negligence by us, or an authorized HOA Group representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Our total liability for all losses, damages, and causes of action (in contract, tort [including without limitation, negligence], or otherwise) will not be greater than the amount paid to access the Website.

Submissions. All remarks, suggestions, ideas, graphics, or other information communicated through this Website (together, the “Submission”) will forever be the property of HOA Group. We will not be required to treat any Submission as confidential. We will not be liable for any ideas used in its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future operations with such Submissions. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Indemnification. You agree to defend, indemnify, and hold harmless HOA Group, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information or content obtained from the Website.

Governing Law and Jurisdiction. All matters relating to the Website and these Terms of Use, and any claim arising from or dispute related thereto is governed by the laws of the State of Illinois, excluding any application of conflicts of laws rules or principles, but including any laws relating to statutes of limitations. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of the State of Illinois, County of Rockford, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver of Jury Trial. YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.

Gift Cards. You should protect your gift card like cash. Lost or stolen gift cards will not be replaced. No service fees are charged on gift cards. All sales of gift cards are final and cannot be returned.

For balance inquiry or customer service, call (309)797-9300

DISCLAIMER. THE MATERIAL IN THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE MATERIALS IN THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT ANY DATA OR INFORMATION YOU SUBMIT WOULD BE SECURE OR FREE FROM UNAUTHORIZED ACCESS OR ACQUISITION, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SECURITY, OR OTHERWISE. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

Linking. Any creation by you of hyperlinks to the Website is not allowed without the express written consent of HOA Group.

This Website may be linked to other sites which are not maintained by us. We are not responsible for the content of those sites. The inclusion of any link to such sites does not imply our endorsement of the sites. All other trademarks are the property of the respective trademark owners.

Trademarks & Logos. Use of our registered trademarks, designs and/or logos without our express written consent is prohibited.

 

PRIVACY POLICY

Scope of Our Policy

We are very sensitive to the privacy concerns of our customers. We believe that privacy of personal information is a serious matter and we strive to manage and protect any information we collect from you or you may share with us in a careful, sensible and lawful manner. When we say “personal information” we mean nonpublic information about you that may include first and last name, address, and numbers such as credit card numbers provided by you. This policy describes:

• How and why we collect your personal information.
• How your information is used and shared.
• How we protect your information.
• How you can control the use of your information.

By visiting any of our websites, you accept our practices as set forth in this notice. We encourage you to carefully read our policy to understand how we manage this information. Laws and practices governing the handling of this information are constantly changing; as a result we may and do update this policy from time to time. We will not necessarily directly notify you of all changes so you are urged to periodically read and review our policy to take note of any changes.

Information We Collect About You and How We Collect It.

We collect personally identifiable information about you through this Website when you directly provide this information to us in connection with one of the services we provide, such as when you make a reservation with our hotel or restaurant, make a purchase, or when you voluntarily provide us information by filling out forms or subscribing to our email newsletters. We may also collect some information about you, such as usage details and IP address, automatically as you navigate the Website through cookies and similar technology.

Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with our Website, we may use various automatic data collection technologies to collect certain information about Website traffic data; the resources you access and use on the Website; and your IP address, operating system, and browser type. These technologies help us to estimate our audience size and usage patterns, and help you use our website by storing information about your preferences, allowing us to customize our Website according to your individual interests, speed up your searches, and recognize you when you return to our Website.

Two automatic data technologies we may use for this automatic data collection include:

• Cookies. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
• Web Beacons. Pages of the Website and our e-mails may sometimes contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that allow us to count users who have visited those pages, opened an email, or for other related website statistics, such as determining the popularity of certain website content.

Cookies are generally used in two ways by our Website:

• To manage state. “State” refers to the settings and choices made by you as you use our Website. As information is transferred to and from your computer and our web server, state is managed so that our Website works seamlessly, and so that you do not have to enter the same information repeatedly. During state management, only a random identifier is placed in a cookie for our web server to use. Personal information or other state information is NOT stored in the cookie. State management cookies are automatically deleted when you close your web browser.
• To manage automation of the user experience. If applicable, our web server may “remember” you between visits to make it easier for you to use our Website on future visits. If we provide this feature, your user account identifier will be saved to a cookie on your computer hard drive, and will be used each time you come back to our Website. No personal information is saved in the cookie itself.

Use and Sharing of Information

We may disclose aggregated information that does not identify any individual without restriction. We may disclose personal information that we collect or you provide as described in this Notice:

• To our subsidiaries and affiliates;
• To contractors, service providers, and other third parties we use to support our business;
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets;
• To fulfill the purpose for which you provide it;
• For any other purpose disclosed by us when you provide the information; and
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms of Use, Terms and Conditions of Online Sales, and for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of HOA Group, our customers, or others.

Security. We and our technology providers employ commercially-reasonable security safeguards to protect the personally identifiable information that you have provided to us from loss, misuse, and unauthorized alteration. If you are required to transmit sensitive information to us through our Website (such as payment information), we will secure that information through data encryption. We will protect personally identifiable information stored on the Website’s servers from unauthorized access by using commercially available computer security products (such as firewalls), as well as our own security procedures and practices. Although we take these steps to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to our Notice. If we change our privacy policy, we will post those changes on our Websites. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email and by updating this policy. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

Children’s Privacy. The content of our Site is not directed to children under the age of 13 and HOA Group does not knowingly collect personal information from any child under the age of 13 at our Site without parental consent. Please contact us via the contact address below if you believe we may have collected information from your child without permission from you and we will work to delete it.

Questions. If you need to contact us for any reason regarding the Terms of Use and Privacy Policy, you may do so by emailing us at [email protected] or by mailing us at the following address:

Heart of America Group
Attn: Legal Department
515 E. Locust, Suite 100
Des Moines, Iowa 50309

Last Updated: November 1, 2022

 

WEB ACCESSIBILITY STATEMENT

HOA Group is committed to providing a Website that can be accessed by all guests and visitors. As part of our commitment, we also strive to provide an excellent online experience for all users, including those with sight, hearing, and other disabilities.

The following is a summary of accessibility options within our Website:

Language Tagging. Pages on our Website are compatible with language information-assist systems, including speech synthesizers and Braille translators.

Label Tags are available to assist individuals with bringing up content with less effort.

Alternative Text on Images provides descriptive meaning to images and can be read by search engines.

Keyboard Accessibility allows users to easily tab through a page to find content.

If you encounter any difficulties using our Website, you can reach us by sending an e‐mail to [email protected] or by calling us directly.