Website Terms & Conditions

This website (the “Website”) is operated by MyWebGrocer on behalf of Wakefern Food  Corp. (“Wakefern”). These Terms & Conditions apply to your use of this Website and also apply to: (a) all websites owned and/or provided by Wakefern, and all services offered on or through this Website or any Wakefern website (“Services”); (b) all software offerings and applications owned or provided by Wakefern and/or available on or through this Website or any Wakefern website (“Software”); and (c) web pages, data, text, images, photographs, graphics, audio, video, and documents including, without limitation, offers and coupons, gift cards, marketing materials, press releases, and other information and content available on or through or submitted on or through this Website or any Wakefern website.

By accessing the Website, you acknowledge that you have read and understand these Terms & Conditions, accept them, and agree to be legally bound by them. You should not use the Website if you have any objections to any of these Terms & Conditions.

Wakefern may revise these Terms & Conditions and the Privacy Policy see: [ Privacy Policy] over time as new features are added to the Website or as Internet law and standards evolve. We will post these changes but recommend that you read these Terms & Conditions periodically when you visit the Website.

Your continued participation on this Website indicates your acceptance of these Terms & Conditions, including your acceptance of the Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information (as defined in the Privacy Policy).

If you have any objections to any of these Terms & Conditions, you should immediately discontinue use of the Website.

Other Terms:
Some areas of this Website may have additional rules, guidelines, and/or other terms and conditions that apply to your access and/or use of that area of the Website and that may be revised from time to time (“Other Terms”). For additional information about gift cards,
please see: [GIFT CARD NOTICE] If there is a conflict or inconsistency between any of these Terms & Conditions and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the
Website.

Use of the Site:
Certain areas of the Website may be restricted to authorized users who may be required to use a password. You agree that you will not share any password(s) nor any other Website access information. You agree that you will be responsible for maintaining the confidentiality of your password(s) and any other Website access information, and that you will be responsible for any and all activities that occur as a result of using your password(s) and/or other Website access information. You further agree that you will notify Wakefern immediately in the event that you discover any unauthorized use of your password(s) or other Website access information.

You agree that you will not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Website (including with the delivery of any Services), that you will not transmit any virus or worm to the Website, that you will not use any spider, robot, data mining tool or other automatic device, or any other manual process or means, to access the Website and/or its servers or systems to extract, download, monitor, gather, transmit or copy any of the data or material on the Website (including, without limitation, account information, product listings, images, descriptions or prices), or for any other unauthorized purpose; and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited email to other users of the Website. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.

Software:
You acknowledge that these Terms & Conditions govern your use of any Software provided by Wakefern and/or made available through the Website, whether or not there are license agreements and/or end user agreements. Unless otherwise agreed in writing, you acknowledge that (1) your use of the Software shall be only for personal and/or noncommercial purposes; (2) you shall not attempt to alter or modify the Software ; (3) you shall not reverse engineer, decompile, or otherwise attempt to gain access to the source code for the Software; (4) you shall not attempt to circumvent or disable the Software or its intended purpose; and (5) you shall not copy, sublicense, assign, transfer, distribute, transmit or otherwise use the Software without the prior written consent of Wakefern.

Services:
Wakefern may change or eliminate Services offered on or through the Website at any time without notice. Wakefern makes no representation that any Services are available for use in your location, and a reference to Services on the Website does not imply that the Services will be available to you and/or in your location.

Children’s Privacy:
Protecting the privacy of the very young is especially important. We never collect or maintain information at the Website from persons we know to be under age 13. Please do not communicate with or contact us if you are under age 13. By your participation in our Website activities, you certify that you are at least 13 years of age and meet all other eligibility requirements of the Website.

Privacy:
For our full Privacy Policy, see: [PRIVACY POLICY]

Copyright and Permissions:
Please feel free to browse the Website. In general, and unless otherwise posted, you may review and print copies of material from the Website, provided that the material (1) is used only for non-commercial purposes, and (2) retains, without alteration, all copyright, trademark, and other proprietary notices displayed on the material as posted on the Website.

You are not permitted to make or distribute copies of material on the Website for any commercial purpose without prior written permission from Wakefern. None of the material contained on the Website (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold or redistributed without the prior written permission of Wakefern. Except as otherwise noted, all content of the Website is:

Copyright © 2013 Wakefern Food Corp.
All rights reserved.
Wakefern has a policy of terminating services to users who willfully and/or repeatedly infringe.
For further information regarding permission to use material from the Website, please contact us at copyright@wakefern.com.

Trademarks:
Many of the trademarks/service marks and/or logos (collectively the “Marks”) displayed on the Website identify the services and products of Wakefern and related organizations, and inform the public as to the source of those services and products. Your misuse of any Mark is strictly prohibited, including without limitation, your use of Marks in any of the following ways:

  • In a manner likely to cause confusion;
  • To identify your products or services;
  • In, as, or part of your own trademarks or service marks;
  • In a manner that inaccurately implies a sponsorship, endorsement, or other connection with your products, services or other activities; or
  • In a manner that disparages or dilutes the Marks.

You agree not to display or otherwise inappropriately use the Marks without prior written permission from Wakefern. Please make such requests by email to copyright@wakefern.com. We will evaluate your request and respond as soon as possible.

Submissions by You:
In the event that you transmit or post any content, including any text, graphics, software, music, sound, photographs, videos, messages, comments, feedback, data, information, or other materials (collectively, the “Content”), on or to the Website, you (1) represent and warrant to Wakefern that you have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to post or transmit such Content; and (2) grant to Wakefern an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, royalty- free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display such Content (in whole or part) and/or to incorporate it (in whole or in part) in other works in any form, media, or technology now known or later developed. You acknowledge that any Content submitted by you may be handled by Wakefern on a non-confidential basis.

Disclaimers:
Wakefern posts Software, information and material on the Website for your personal use. But none of the material on the Website is intended, nor should it be construed as, professional advice of any form.

We may also provide links to other websites that we hope you will find helpful. We do not control the material presented in other websites, however, and we do not vouch for or assume responsibility for the accuracy of such material.

Additional Disclaimers and Limitation of Liabilities and Warranties:
The Website may contain technical inaccuracies, typographical errors, and out of date information. Wakefern makes no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and Wakefern makes no warranty that the Website will meet your requirements. Wakefern reserves the right to make changes to the Website at any time. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE WEBSITE, INCLUDING THE SOFTWARE AND SERVICES OFFERED ON OR THROUGH THE WEBSITE, IS AT YOUR OWN RISK. WAKEFERN SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SOFTWARE, SERVICES AND/OR WEBSITE. (BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.) WAKEFERN MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY SOFTWARE, MATERIALS AND/OR SERVICES AVAILABLE FROM THE WEBSITE, ALL OF WHICH ARE BEING OFFERED “AS IS.” WAKEFERN MAKES NO WARRANTY OF NONINFRINGEMENT. WAKEFERN ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY
SOFTWARE OR MATERIALS FROM THE WEBSITE.

Unless stated otherwise, Wakefern intends that any and all items advertised on this Website be readily available for sale at or below the advertised price. Items advertised with rebates may be subject to conditions and limits imposed by the manufacturer. Some quoted prices may vary in some stores. Some items may be similar, but not exactly as illustrated on this Website. Unless otherwise indicated, rain checks will be used when advertised products are unavailable and will be redeemable for advertised or comparable items. Wakefern reserves the right to limit quantities on all items advertised on this Website.

Indemnification:
You shall indemnify and hold harmless Wakefern, its affiliates, officers, employees, and agents, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Website, including any Software and/or Services offered through the Website, Content that you submit through the Website, and/or your breach of any of the provisions of the Terms & Conditions and/or the Privacy Policy.

Intellectual Property Limitation of Liability:
Wakefern respects the intellectual property of others, and we ask visitors to our Website to do the same. If you believe your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to the designated Copyright Agent of Wakefern:

  • Identification of the copyrighted work(s) that you claim has been infringed;
  • Identification of where the material that you claim to be infringing is located on the Website;
  • A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law, including the law of copyright fair use;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner’s behalf;
  • Your address, telephone number, and e-mail address; and
  • Your physical or electronic signature.

The designated agent of Wakefern for notification of claims of copyright infringement on this Website can be reached as follows:

Address: Designated Agent for Intellectual Property

Wakefern Food Corp.
505 Division Street
Elizabeth, NJ 07207
Telephone: 908-527-7716
Fax: 908-527-3766
E-mail: copyright@wakefern.com

Similarly, if you believe any of your trademarks or service marks have been infringed, or if you believe that your image has been used without your consent, please notify the designated agent of Wakefern.

Dispute Resolution:
Any action based on a breach of any provision of these Terms & Conditions shall be brought to the federal or local courts presiding in New Jersey, United States, whichever is appropriate, and to whose jurisdiction you consent in such an action. If a breach is found by the court, the court shall have the right to issue an injunction, and grant to Wakefern its damages and attorneys’ fees and such other and further relief as the court may deem appropriate.

Applicable Laws and Jurisdictional Issues:
The Website shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the State of New Jersey applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. By visiting and using the Website, you consent to the jurisdiction of the courts presiding in New Jersey and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.

Compliance with Laws:
You agree that you will not use the Website or the Software or Services provided on or through the Website for any purpose that is prohibited by these Terms & Conditions or that is unlawful. Further, you agree not to access, download, use or export the Website or Software or Services provided on or through the Website, in violation of U.S. export laws or regulations, or in violation of any other applicable laws, rules or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Website or Software or Services provided on or through the Website in violation of any such restrictions, laws, rules or regulations, or without all necessary approvals.

Force Majeure:
Notwithstanding any other provision contained in these Terms & Conditions, in the event that the performance of any obligation of Wakefern is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, or any other cause beyond the reasonable control of Wakefern, then Wakefern shall not be responsible to you for any failure or delay in the performance of its obligations. Wakefern shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, Wakefern from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.

Headings:
The headings of each of these Terms & Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.

No Assignment:
You may not assign your rights or obligations under this Agreement without the prior express written consent of Wakefern.

Invalidity of Provisions:
In the event that any portion of these Terms & Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.

No Waiver:
Any failure by Wakefern to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.

Changes to the Terms & Conditions:
No changes to these Terms & Conditions shall be made except by a revised posting on this page, and no advice or other information provided by the Website or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to these Terms & Conditions, unless such an amendment, waiver or change is in writing from an authorized officer or representative of Wakefern.

Complete Understanding:
These Terms & Conditions constitute the entire understanding between Wakefern and you with respect to the Website.

BY USING THE WEBSITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS & CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE WEBSITE, YOU WARRANT THAT YOU WILL NOT USE THE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL.

If you have any questions about our Terms & Conditions, please contact us by e-mail at copyright@wakefern.com.

Last Modified: February 4, 2013