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    Terms and Conditions

    Last Revised: November 19, 2018 We are pleased to offer for your use the Lucky’s Market website located at https://www.luckysmarket.com and our loyalty program, products, and related services, which we refer to collectively as Services, for your use to engage with us and find products available at our stores that we hope will be of interest to you. We provide the Services to you for free, and in order to do so your use of the Services is subject to the terms and conditions that we describe to you here. PLEASE NOTE THAT THE LUCKY’S MARKET DELIVERS WEBSITE LOCATED AT HTTPS://WWW.LUCKYSMARKETDELIVERS.COM IS POWERED AND MANAGED BY SHIPT, INC. FOR MORE INFORMATION REGARDING THEIR TERMS AND CONDITIONS, PLEASE SEE THEIR TERMS OF SERVICE. These terms and conditions are an agreement between you and Lucky’s Market Parent Company, LLC, a Delaware limited liability company (“Lucky’s Market”) and you agree to these terms and conditions by using the Services. We refer to these terms and conditions as our Agreement with you. Please read this Agreement carefully! It contains very important information about your rights and obligations, as well as limitations and exclusions that apply to you and your use of the Services. The Services are provided by Lucky’s Market and its affiliates and service providers. In this Agreement, words like “we”, “us” and “our” refer to Lucky’s Market and its affiliates and service providers, collectively, and our affiliates and service providers are third-party beneficiaries of this Agreement.

    Registering an Account

    1. In order to use the Services, you must register an account with us. You register an account with us by providing us with your name and other information. We will treat the information that you provide to us in connection with registering an account and using the Services in accordance with our Privacy Policy. You should read the Privacy Policy carefully so that you understand how we treat information about you
    2. When you create an account with us, you agree to this Agreement and our Privacy Policy. In order to create an account with us, you must be a United States resident and of sufficient age and otherwise be able to enter into a legally binding contract.
    3. You may access your account using the user ID and password that you select or using your Facebook login. You agree to keep your user ID and password confidential and not share them with anyone else. We may treat any person using your user ID and password to have authority to access your account and act on your behalf with respect to the Services. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You agree to immediately notify Lucky’s Market of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.

    Using the Services

    1. Information about the Services. The Services are designed to provide you with information about our stores and the products we sell, and incentives to purchase products or to shop at our stores. It is important that you understand how we provide the Services.

      1. Any of our Services may be subject to additional terms and conditions, which will be disclosed to you in connection with those specific Services. If there is any conflict between any additional terms and conditions and these terms and conditions, the additional terms and conditions will apply.

      2. We may provide incentives to you to purchase certain products or shop at our stores. These incentives are subject to additional terms and conditions, which will be disclosed to you in connection with those specific incentives.

      3. We may provide store location information about where you may find the products included in the Services based on data that is available to us. We may not list every store location that carries these products. We also cannot guarantee that a store location we list has the product in stock at any given time. If discovering a store location does not carry a product when you go to that store location will cause an issue for you, you should contact the store location to confirm availability of the product before going to that store location.
    2. Disclaimer of Warranties. You assume all risk regarding the content on the Services. THE CONTENT PROVIDED ON THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE, OUR LICENSORS AND OUR SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY ABOUT THE ACCURACY OR RELIABILITY OF THE CONTENT, OR THAT IT IS COMPLETE, CURRENT OR TIMELY, OR THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. WE, OUR LICENSORS, AND OUR SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, OR TIMELINESS OF DELIVERY. The content on the Services is not intended to be used as the sole basis for any decision and is based upon data provided by third parties, the accuracy and/or completeness of which it would be impossible or commercially unreasonable for us, our licensors or our suppliers to verify. It is your responsibility to confirm all content regarding products that is provided on the Services by checking the product packaging and other information provided by the product manufacturer. In no event will we, our licensors, or our suppliers be liable for any damages (including, without limitation, incidental and consequential damages or personal injury/wrongful death) resulting from the use of or inability to use any content on the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not we, our licensors, or our suppliers are advised of the possibility of such damages. The sole remedy for any error in any content on the Services is the correction of such error in a reasonably prompt timeframe following written notice of such error to us.
    3. Limitation on Liability. NEITHER WE NOR ANY OF OUR THIRD-PARTY LICENSORS, SERVICE PROVIDERS OR SUPPLIERS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES OF ANY KIND, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICES. IN NO EVENT WILL OUR AGGREGATE CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICES EXCEED $100.
    4. License to use the Services. We grant you a non-exclusive, non-transferable, limited right to access, display and use the Services, including all of the content of the Services, such as images and product data, which we refer to collectively as “Content”, for your personal, non-commercial purposes. With respect to the Content: (i) you will not obtain any ownership or title to the Content; (ii) you may use the Content solely for your personal use and not for any commercial purposes; (iii) you may not modify the Content, or sell, assign or transfer the Content to any person; (iv) you may not reproduce, disclose, display or distribute the Content in any public or commercial manner; and (v) you will not alter or remove any copyright notice, proprietary legend or other notice contained in any Content. All rights in the intellectual property relating to the Services and any Content are reserved, and you agree not to take any action to register or otherwise interfere with or challenge any intellectual property rights relating to the Services or the Content.
    5. Restrictions on Use. You will not: (i) disrupt or interfere with the security of, or otherwise abuse, the Services, or any services, system resources, accounts, servers or networks connected to or accessible through the Services; (ii) use any automated means to use the Services or access Content for any purpose; (iii) extract data from the Services (sometimes referred to as “scraping” or “crawling”) or otherwise use Content for any purpose other than as expressly permitted under this Agreement, including without limitation to determine our product categorization hierarchy, determine product characteristics, or use product information available on the Services to create or contribute to a database of product information, store locations, or other data; (iv) use the Services in any manner that could disable, overburden, damage, or impair this Services, or disrupt or interfere with any other person’s access, use or enjoyment of the Services; (v) upload or otherwise transmit through or on the Services any viruses or other harmful, disruptive or destructive files; (vi) use or attempt to use or access another person’s account or personal information, or create or use a false identity on the Services; (vii) attempt to obtain unauthorized access to the computer systems that we use to operate the Services which are restricted from general access; or (viii) violate any local, state or federal laws or regulations that apply to your access to or use of the Services.

    User Content

    1. User Content and Restrictions. The Services may enable users to submit, upload, post, share, display, or transmit to other users (hereinafter, “post”) ideas, information, materials, and other user-generated content (collectively, “User Content”) and interact with others through user comment areas, message boards, and similar user-to-user areas. You may not post any User Content that: (i) is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy rights or right of publicity, or otherwise objectionable; (ii) constitutes or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) contains any material that could give rise to any civil or criminal liability under any applicable laws, rules, or regulations or that otherwise may be in conflict with this Agreement; (iv) infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party; (v) encourages criminal conduct; (vi) contains false, misleading, fraudulent, or deceptive claims or content; (vii) gives the impression that it emanates from or is endorsed by Lucky’s Market or any other person or entity, if this is not the case; or (viii) contains any virus, malware, spyware, or other harmful content or code. 10. Rights You Grant to Us. You hereby grant to Lucky’s Market an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free worldwide right and license to use, reproduce, display, perform, distribute and prepare derivative works of any User Content you post on or through the Services for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights” and all rights of “droit moral” in that User Content, even if the User Content is altered or changed in a manner not agreeable to you. If you post User Content, you represent and warrant to Lucky’s Market that you own or control all rights in and to such User Content and have the right to grant the rights above to us.
    2. No Responsibility. You agree that you are solely responsible for your User Content, and you acknowledge and agree that Lucky’s Market is not responsible for, and does not endorse, any User Content.
    3. No Obligation to Prescreen, Monitor or Use. Lucky’s Market does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content posted on or through the Services. However, Lucky’s Market retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove or move User Content posted on or through the Services. You acknowledge and agree that we are not obligated to post, keep or use your User Content.
    4. Submitted Ideas. While we appreciate your interest in the Services and our business, Lucky’s Market does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Lucky’s Market might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. Except with respect to your personal information as expressly provided for in our Privacy Policy, all comments, suggestions, ideas, drawings, concepts or other information or materials disclosed or offered to us by you via the Services shall be deemed to be non-confidential and non-proprietary.

    Third-Party Materials & Platforms

    1. Third-Party Materials. The Services may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third-Party Materials”). You acknowledge and agree that Lucky’s Market is not responsible for any Third-Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Lucky’s Market does not assume and will not have any liability to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions. 15. Third-Party Platforms. Lucky’s Market may provide the Services to you through third-party websites, operating systems, platforms, and portals (collectively, “Third-Party Platforms”). Additional terms and conditions may apply to you with respect to your use of Third-Party Platforms, which are not under Lucky’s Market’s control. Lucky’s Market does not assume any responsibility or liability for your use of such Third-Party Platforms.

    Indemnity

    1. You will indemnify, defend and hold harmless us and our respective affiliates, third-party licensors, service providers and all of their respective officers, directors, employees and agents from and against any and all loss, liability, cost, damages and expense, including attorneys’ fees, which arise out of or are related to your use of the Services and/or any Content, except to the extent that we fail to perform our express obligations to you under this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Services and/or this Agreement.

    Changes to this Agreement

    1. We reserve the right, at our sole discretion, to modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when made available via the Services. The date this Agreement was last updated is set forth at the top of this page. Your continued use of the Services after any changes to this Agreement are made available will be considered acceptance of those changes. We may terminate, change, suspend or discontinue any aspect of the Services, including the availability of any features of the Services, at any time. We also may impose limits on certain features and services, restrict your access to part or all of the Services, or terminate you use of the Services at any time and without notice or liability.

    Copyright Infringement

    1. Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or through the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (a “DMCA Notice”) must include the following:
    1. Your physical or electronic signature.
    2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
    3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
    4. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address)..
    5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
    6. A statement that the information in the written notice is accurate.
    7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
    8. Our designated copyright agent to receive DMCA Notices is:
    • Lucky’s Market Operating Company, LLC Attn: General Counsel [email protected] 6328 Monarch Park Pl, Suite 100 Niwot, CO 80503 If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. This “Copyright Infringement” section is for informational purposes only and should not be construed as, nor is it intended to be, legal advice. If you believe that your intellectual property rights have been violated or infringed upon, or if a notice of infringement has been filed against you, you should seek legal counsel immediately

    General

    1. Choice of Law and Venue. This Agreement and the your and our respective rights and duties shall be interpreted and governed by and construed in accordance with the laws of the State of Colorado, USA, as they apply to agreements made and solely performed therein. Disputes arising under this Agreement or in any way related to this Agreement shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Colorado, and jurisdiction therefore shall rest solely in Colorado, USA.
    2. Waiver; Severability. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any part of this Agreement is unenforceable, such part will not make any other part of this Agreement unenforceable, except that if the part of the Arbitration provisions prohibiting arbitration involving a class action or multiple claimants is unenforceable, all of the Arbitration provisions in this Agreement shall be unenforceable.
    3. Electronic Communications. The communications between you and Lucky’s Market via the Services use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
    4. Assignment. You may not assign this Agreement without our prior written consent.
    5. Entire Agreement. This Agreement constitutes the entire understanding between you and us regarding the subject matter of this Agreement and supersedes any previous communications, representations or agreements, whether written or oral.
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