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The fine print.

 

Terms and Conditions

 

We are pleased to offer for your use loyalty program products and services, which we refer to 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.

 

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.

 

This Agreement is effective as of April 17, 2017.

 

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.

 

Using the Services

 

4.     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:

a.     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.

b.     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.

c.      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.

5.     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.

6.     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.

7.     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.

8.     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”, “spidering” 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, post 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.

 

Indemnity

9.     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, except to the extent that we fail to perform our express obligations to you under this Agreement.

 

Changes to this Agreement

10.   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. 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.

 

General

11.   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.

12.   Severability. 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.

13.   Assignment. You may not assign this Agreement without our prior written consent.

14.   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.