This website (the “Site”) provides online access to information about the food or drug retailer depicted on this website and its parent company or other entities related through common ownership (collectively “the Company”), our products and services, and other information of general interest to our customers. The Site also provides access to certain online services (the providing of such access and services is collectively called “the Service”).
1. INTELLECTUAL PROPERTY
The Service, the Site, and all information and/or contents that you see, hear, or otherwise experience on the Site (the “Contents”) are protected by U.S. and international copyright, trademark, and other laws, and belong to the Company or its parent companies, subsidiaries, affiliates, partners, contributors, or third parties.
We grant you a personal, non-exclusive, non-transferable license to use the Site, the Service, and the Contents and to download, print, and store portions of the Contents that you select provided that you: (1) use those portions of the Contents only for your own personal, non-commercial use; (2) do not copy or post the Contents on any network computer or transmit, distribute, publish, or broadcast the Contents in any media; and (3) do not modify or alter the Contents in any way or delete or change any copyright or trademark notice. No right, title, or interest in any downloaded Contents or materials is transferred to you as a result of this license. We reserve complete title and full intellectual-property rights in any Contents you download from the Site, subject to the limited license set forth herein for you to make personal, non-commercial use of the Contents.
You may not mirror or frame the home page or any other pages of this Site on any other website or webpage. You may not connect “deep links” to the Site or, in other words, create links to this site that bypass the home page or other parts of the Site. You may not use any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.
2. ONLINE SHOPPING AND OTHER TRANSACTIONS
2.2 Shopper Registration. You agree to complete the initial registration process for the Company’s online shopping services according to the requirements stated on the Site and provide accurate and complete information including, but not limited to, your legal name, age, billing address, delivery address (if different), email address, and telephone number. When paying online, you must provide accurate and complete information as required when using a payment service like PayPal or when using a credit card the cardholder name, credit card number, expiration date, and if requested, card security code at the time of submitting your order form. You represent and warrant to the Company that your use of any payment service or credit card is authorized and legal. As part of the initial registration process, you must choose a user name and a password to use when accessing the online shopping services. For your protection, you must keep your user name and password secret. You must immediately notify the Company if you learn or suspect that the security of your user name or password has been breached.
2.3 Shopper Information Changes. You are responsible for updating your registration information, payment service or credit card information, as applicable, and for making sure that the billing address in your registration information is consistent with the billing address for your payment service or credit card. You are also responsible for promptly notifying your payment service or credit card issuer of any changes to your billing information or of any loss, theft, or unauthorized use of your payment service account or credit card number.
2.5 Product Prices, Taxes, and Other Charges. If the Company accepts your order, you will be charged for the Products you select at the prices quoted to you when you submit your order, except as otherwise provided below as to substitutions and Products sold by weight. Should an item be substituted for a Product that you selected, you will be charged the price for the item substituted or the price for the Product that you selected, whichever is less. If you select a Product that is sold by weight, you will be charged for that Product based on the weight you requested or on the actual weight of the Product, whichever is less. You are responsible for paying all applicable sales taxes, use taxes, or any other taxes or governmental assessments on your purchases of Products (“Taxes”), and you will be charged for those Taxes. You may also be charged a handling fee, pick-up fee, and other charges at the amounts quoted to you when you submit your order. The Company reserves the right, at any time and without notice, to change Product prices, handling fees, pick-up fees, and any other charges having to do with the online shopping services and to add additional fees and charges for the online shopping services.
2.6 Payment. The total amount to be paid by you for your order will be the sum of the prices for the Products you select, all applicable Taxes, handling charges, pick-up fees, and other charges, as reported to you as the order total. Your payment for that total amount is due when you submit your order. You hereby authorize the Company to charge that total amount to the payment service or credit card you designate when you submit your order and to collect that amount from the payment service or credit card issuer as applicable. You agree to pay that amount to the Company if the Company cannot collect it from the payment service or credit card issuer for any reason or if you select the option for in-store payment and product pick up, when available.
2.7 Substitution Policy. Although the Company will usually have enough inventory to fill your online order, occasionally some Products may be temporarily unavailable. The Company does not warrant that Products will be available at all times, and it will not have any liability to you if any Product you order is unavailable. If a Product that you have selected is unavailable and you have indicated on the order form that you are willing to accept substitutions, the Company may, at its sole discretion, except where prohibited or as otherwise directed by law, substitute a Product that is reasonably similar to the Product you selected. In making substitutions, the Company will make a reasonable effort to follow any instructions given by you in the “Special Instructions” field on the order form.
2.8 Order Pick Up or Delivery. If the Company accepts your online order and the total amount due to the Company for that order is received in full, the Company will make the order available for pick up at the Company-authorized location you designate in your order form or, in limited circumstances and when the option is made available by the Company, in its sole discretion, will deliver, by the Company-authorized courier, or mail, by U.S. Mail or other commercial carrier, the order to you at the address you designate on the order form. The Company, acting in its sole discretion and without notice, reserves the right to change at any time the authorized locations at which customers may pick up Products purchased through the Company online shopping services or any or all of its delivery options. The Company reserves the right to request proof of identity or other documentation acceptable to the Company, in its sole discretion. If your order includes alcoholic beverages, tobacco products, or other age-restricted items, release of the order is subject to, and contingent upon, age verification of, and compliance with applicable age restrictions by, the individual who placed the order and the individual who picks up the order, if different.
2.9 The Company’s Satisfaction Guarantee. If you are not satisfied with any Product purchased by you through the Company online shopping services for any reason, you should inform the Company of that fact when you pick up the Product or call the Company Customer Service at 1-877-848-6483 and, subject to the conditions set forth in this section, the Company will give you, as your sole remedy, a refund, subject to in-store refund policies, either by crediting the credit card account used to pay for the Product or an in-store refund or credit in an amount equal to the price of the Product, plus applicable Taxes. As a condition of giving you a refund for a Product, we may require you, acting in our sole discretion, to return the Product to the Company at the location where you picked it up within two (2) calendar days from the pick-up date in the case of produce Products, within seven (7) calendar days from the pick-up date in the case of perishable meat and dairy Products, and within thirty 30 days from the pick up date in the case of all other Products. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ABOUT PRODUCTS OFFERED FOR SALE OR PURCHASED THROUGH THE COMPANY’S ONLINE SHOPPING SERVICES OR THE COMPANY’S ONLINE SHOPPING SERVICES THEMSELVES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. THIS DISCLAIMER DOES NOT APPLY, HOWEVER, TO ANY PRODUCT WARRANTY THAT MAY BE OFFERED BY THE MANUFACTURER OF A PRODUCT.
2.10 Communications. The Company will conclusively presume that online communications received from you through your use of the online order and registration processes are accurate, complete, and authorized by you as received by the Company. You agree not to contest the validity and binding legal effect of these communications.
2.11 Product Information. Any nutritional information or other information on the Site about Products is provided by the Company “AS IS,” and the Company makes no warranties about the accuracy or completeness of that information. If you rely on that information, you do so at your own risk. If you have questions about a Product, refer to product information included in the packaging or contact the manufacturer.
2.12 Coupons. In general and except as otherwise explicitly stated, we are unable to accept manufacturers’ coupons for Products purchased through the Company’s online shopping services.
2.13 Age. You must be at least 18 years of age to use the Company’s online shopping services.
2.14 Right to Refuse Service. The Company, at its sole discretion and without notice, may refuse at any time to allow any person to use the online shopping services and may terminate at any time any person’s use of the online shopping services.
2.15 Online Shopping Not Available in All Areas. The Company’s online shopping services may not be available for all items or in all markets or areas. The Company, acting in its sole discretion, may discontinue its online shopping services for any item or in any market or area, without giving you notice.
3.1 Health Information. The Contents are for informational purposes only. None of the Contents is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or change in health. Never disregard or delay in seeking professional medical advice because of something you have read on the Site. The Site does not recommend or endorse any specific tests, products, procedures, methods, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by, or otherwise appearing, on the Site is solely at your own risk.
3.2 Nutritional Information. If we provide nutritional information about recipes on the Site, that information is based on the ingredients and cooking techniques as listed in the recipe and does not include optional ingredients or garnishes. Nutritional values represented are composite averages and may vary according to freshness, variety, or differences in preparation. Altering cooking methods or substituting any ingredients may change the posted nutrition information significantly. The Company does not warrant the recipes contained on the Site or the results of preparing the recipes.
3.3 Food Safety Information. The Site may provide information about safe food handling and preparation methods. This information is not intended to be comprehensive and should not be substituted for information available from your local Department of Health or other government sources.
3.5 Third Party Contents. The Site may contain information or contents provided by users of the Site and other parties not related to the Company. The presence of such third party information and contents does not constitute or imply an endorsement, sponsorship, or recommendation by us of the third party or such information or contents. You acknowledge and agree that we are not responsible for the availability of any such information or contents and that the Company does not endorse or warrant, and is not responsible or liable for, any such information or contents.
3.6 Downloading Files. The Company cannot and does not guarantee or warrant that files available for downloading through the Site will be free from infection by software viruses or other harmful computer code, files, or programs. All risk as to the quality and performance of the Site and the Service and the accuracy of the Contents shall be borne solely by you.
3.7 Promotional Offers and Programs. From time to time the Site may provide information about promotional offers and programs that the Company markets or sponsors, alone or in connection with others. It is not always possible to include all the details concerning such offers or programs on the Site. Detailed information about such offers or programs will be available at your participating Company locations, and we encourage you to review this information before participating in any promotional programs. Promotional offers are subject to federal, state, and local laws and are void where prohibited.
3.8 International Use. The Company makes no representation that the Contents are applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents, and online conduct.
4. RIGHT TO CHANGE SITE, CONTENTS, AND SERVICE
The Company, at its sole discretion, may change or discontinue all or part of the Site, including any or all of the Contents or the Service, at any time, without giving you notice.
5. RIGHT TO TERMINATE ACCESS
The Company, at its sole discretion and without notice, may deny any person access to, or use of, all or part of the Site, including any or all of the Contents or the Service, and may terminate any person’s access to, or use of, all or part of the Site, including any or all of the Contents or the Service.
6. DISCLAIMER OF WARRANTIES
THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE, OR THE CONTENTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT WITH REGARD TO THE SITE, THE SERVICE, AND THE CONTENTS. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENTS OR THAT ANY ERRORS IN THE CONTENTS WILL BE CORRECTED. THE SITE, THE SERVICE, AND THE CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
7. LIMITATION OF LIABILITY.
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF, OR HAVING TO DO WITH: (I) THE USE OF, OR INABILITY TO USE, THE SITE, THE SERVICE, OR THE CONTENTS; (II) ANY TRANSACTION CONDUCTED THROUGH, OR FACILITATED BY, THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE, AND/OR THE CONTENTS; (IV) ANY UNAUTHORIZED ACCESS TO, OR USE, DISCLOSURE, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA INCLUDING, WITHOUT LIMITATION, YOUR PERSONAL HEALTH INFORMATION OR CARDHOLDER DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENTS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT IN NO EVENT SHALL THE COMPANY’S LIABILITY EXCEED $100.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend, and hold harmless the Company, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Contents, or any violation by you of the Agreement.
10. USER CONDUCT.
You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others, impose an abnormal or unreasonable burden on the hardware or software infrastructure for the Site, or otherwise cause damage to the Site or the Contents. You agree not to add to, subtract from, or otherwise modify the Contents. You agree not to use the Site in any manner that might violate or infringe the rights of any person or entity.
11. USER-SUPPLIED INFORMATION
You may not submit or post any materials to the Site if doing so would be unlawful or would violate or infringe the rights of any person or entity. If you submit or post any materials to the Site, you guarantee to us that you have the legal right to submit or post such materials and that submitting or posting such materials will not violate any law or the rights of any person or entity. You may not submit or post any materials to the Site that (a) are defamatory, obscene, pornographic, vulgar, threatening, harassing, violent, or otherwise objectionable; (b) encourage unlawful, tortious, or unsafe conduct; © advertise goods or services; (d) solicit funds; (e) advocate for any political candidate or position; or (f) are chain letters, mass mailings, or “spam.” By submitting or posting materials to the Site, you give the Company the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display, and create derivative works from such materials, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
The Company has the right, but not the obligation, to screen materials submitted or posted to the Site by third parties and to remove or edit any such materials for any reason and without notice.
12. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe your work has been copied on the Site in a way that constitutes copyright infringement, please send our Copyright Agent a written notification (“the Infringement Notification”) containing all the following information:
12.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
12.2 Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single Infringement Notice, a representative list of such works at that site;
12.3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
12.4 Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an email address;
12.5 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
12.6 A statement that the information in the Infringement Notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company’s Copyright Agent for notice of claims of copyright infringement on or relating to the Site can be reached as follows:
250 Parkcenter Blvd.
Boise, ID 83706
13. GENERAL PROVISIONS
13.1 Entire Agreement/No Waiver. The Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
13.2 Correction of Errors and Inaccuracies. The Contents may contain typographical errors or other errors or inaccuracies and may not be complete or current. The Company therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update the Contents at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
13.3 Severability. Whenever possible, each provision of the Agreement shall be interpreted so as to be effective and valid under applicable law. If, however, any provision of the Agreement is held to be prohibited by, or invalid under, applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the other provisions of the Agreement.
13.4 Enforcement/Choice of Law. If any part of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of the Agreement, all of which will remain in full force and effect. The Agreement shall be governed by, and will be interpreted according to, the laws of the State of Idaho, U.S.A., without regard to any conflict-of-law provisions.
13.5 Dispute Resolution/Choice of Forum. Any controversy, claim, or dispute of whatever nature arising between the parties is hereinafter referred to as a “Dispute”. The parties knowingly and voluntarily waive their rights to have their Dispute tried by a jury. The parties recognize that certain business relationships could give rise to the need for one or more of the parties to seek emergency, provisional, or summary relief. Immediately following the issuance of any such relief, the parties agree to the stay of any judicial proceedings of all underlying Disputes. Any Disputes as to rights to injunctive relief or rights relating to intellectual property or confidentiality obligations will be venued in a state or federal court situated in Boise, Idaho, U.S.A., and you hereby irrevocably submit to the personal jurisdiction of such courts for such purpose.
14. QUESTIONS OR ADDITIONAL INFORMATION.
United Supermarkets, L.L.C.
7830 Orlando Ave.
Lubbock, TX 79423
Customer Service Center
Date of the last Modification: April 21, 2014
© 2014 United Supermarkets, L.L.C. All rights reserved.