Conditions of Use
Welcome to MyWebGrocer. MyWebGrocer and/or its affiliates, including its Retailer and Consumer Packaged Goods clients (“MyWebGrocer”) provide website features to you subject to the following conditions. If you visit or shop on an application provided by MyWebGrocer , you accept these conditions. Please read them carefully. In addition, when you use any current or future MyWebGrocer service or business you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
Please review our Privacy Notice, which also governs your visit to MyWebGrocer, to understand our practices.
When you visit MyWebGrocer or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as product descriptions and other text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (collectively, “Content”), is the sole and exclusive property of MyWebGrocer or its content suppliers and is protected against unauthorized use by United States and international copyright laws.
MyWebGrocer images, content, graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of MyWebGrocer and in the U.S. and/or other countries. MyWebGrocer’s trademarks and trade dress may not be used in connection with any product or service that is not MyWebGrocer’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MyWebGrocer. All other trademarks not owned by MyWebGrocer that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MyWebGrocer.
RESTRICTIONS ON USE OF CONTENT
Grocery retailers may access this site and the Content available on this site solely to download orders and perform the maintenance allowed through the relevant application, in accordance with the applicable Terms. Customers may access this site and the Content solely to shop for groceries through and in accordance with the relevant application, in accordance with the applicable Terms. Advertisers may access this website solely to evaluate whether to enter into a business relationship with MyWebGrocer, in accordance with any applicable Terms entered between the advertiser and MyWebGrocer. Except as permitted above and as may be specifically agreed in writing by MyWebGrocer, no Content from this site may be used, reproduced, transmitted, distributed, downloaded, displayed, modified or otherwise exploited in any way, except that where this website is intentionally and specifically configured by MyWebGrocer to enable the viewing or downloading of particular Content, visitors may view and download one copy of such Content to a single computer for the visitor’s personal use only, provided that visitors (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of MyWebGrocer’s services or brands. All users agrees to refrain from copying, modifying, reverse engineering, decompiling or disassembling any software code included in the Content.
One or more patents owned by MyWebGrocer apply to this site and to the features and services accessible via the site. Portions of this site operate under license of one or more patents.
LICENSE AND SITE ACCESS
MyWebGrocer grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MyWebGrocer. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MyWebGrocer. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MyWebGrocer without express written consent. You may not use any meta tags or any other “hidden text” utilizing MyWebGrocer’s name or trademarks without the express written consent of MyWebGrocer. Any unauthorized use terminates the permission or license granted by MyWebGrocer. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MyWebGrocer.com so long as the link does not portray MyWebGrocer, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MyWebGrocer logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. MyWebGrocer does facilitate the sale of products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use MyWebGrocer only with involvement of a parent or guardian. MyWebGrocer reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MyWebGrocer reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant MyWebGrocer a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MyWebGrocer and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MyWebGrocer for all claims resulting from content you supply. MyWebGrocer has the right but not the obligation to monitor and edit or remove any activity or content. MyWebGrocer takes no responsibility and assumes no liability for any content posted by you or any third party.
MyWebGrocer respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us with the appropriate information as described below.
MyWebGrocer attempts to be as accurate as possible. However, MyWebGrocer does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered through MyWebGrocer itself is not as described, your sole remedy is to return it.
Parties other than MyWebGrocer operate stores, provide services, or sell product lines on this site. In addition, we may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. MyWebGrocer does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MYWEBGROCER ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MYWEBGROCER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MYWEBGROCER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MYWEBGROCER DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM MYWEBGROCER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYWEBGROCER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting MyWebGrocer, you agree that the laws of the state of Vermont, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MyWebGrocer.
Any dispute relating in any way to your use of services provided by MyWebGrocer or to products or services sold or distributed through MyWebGrocer shall be adjudicated in any state or federal court in Chittenden County, Vermont, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
354 Mountain View Drive
Colchester, VT 05446
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MyWebGrocer the written information specified below. Please note that this procedure is exclusively for notifying MyWebGrocer that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.