Terms and Conditions
This web site ("Site") is provided by Save Mart Supermarkets, together with its affiliates and subsidiaries (collectively, "Save Mart Supermarkets") as a service to our customers. The Site includes without limitation (a) services offered through www.savemart.com and other on-line services accessible via the Site ("Services"); and (b) information such as product, program, pricing, marketing and other valuable information and content such as data, text, photographs, graphics, messages or other materials ("Content").
IF YOU DO NOT AGREE TO THE FOLLOWING TERMS, PLEASE DO NOT USE THE SITE MODIFICATION OF SITE TERMS
Save Mart Supermarkets SERVICES
Save Mart Supermarkets may make improvements and/or changes in the scope of Services and/or the programs described or offered through the Site at any time without notice. Furthermore, certain Services and/or programs may not be available in your location. References to those Services and/or programs do not imply that Save Mart Supermarkets intends to offer them in your location. Save Mart Supermarkets controls and operates the Site from the USA and makes no representation that the Site is appropriate or available for use in all locations.
LUCKY (DBA. SAVE MART SUPERMARKET) CONTENT
The Content is provided for general informational purposes only and does not constitute any advice, promise, or obligation of Save Mart Supermarkets, does not necessarily provide the most up-to-date information about Save Mart Supermarkets and/or its products or services, and is subject to change without notice. Although Content is believed to be accurate, Save Mart Supermarkets does not guarantee or ensure the accuracy, completeness, or timeliness thereof.
THIRD PARTY CONTENT
You may create a hypertext link to the home page of the Site, but all other linking is prohibited without prior written consent from Save Mart Supermarkets. You may not use, frame or utilize framing techniques to enclose any Save Mart Supermarkets trademark, logo or other proprietary materials, including the images posted on the Site, the Content of any text or the design of any page, or form contained on a page without Lucky'S (dba. Save Mart Supermarkets) express written consent.
Save Mart Supermarkets makes no claim or representation regarding, and accepts no responsibility or liability for, the quality, content, nature or reliability of web sites accessible by hyperlink from the Site, or web sites linking to the Site. Furthermore, these links do not imply endorsement by or affiliation with any third party or any third party web site, products or services provided by any third party.
Any and all Content posted on the Site is owned by Save Mart Supermarkets and others and is protected by United States and international copyright, trademark and other laws. Except as stated in these Terms, no Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Save Mart Supermarkets or the respective owner. You may electronically copy and print to hard copy Content for non-commercial, personal use. Any other use is strictly prohibited. You may not use Lucky's (dba. Save Mart Supermarkets) name, logo or other trademarks for any purpose without the express written consent of Save Mart Supermarkets. Any rights not expressly granted herein are reserved by Save Mart Supermarkets.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, Save Mart Supermarkets IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY Save Mart Supermarkets, PHARMACY, OR THIRD PARTY CONTENT CONTAINED IN OR INFORMATION SUBMITTED TO THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE, CONTENT AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF A THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT Save Mart Supermarkets SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICES PROVIDED AT OR THROUGH THE SITE) ARISING OUT OF USE OR INABILITY TO USE OF THE SITE, SERVICES OR CONTENT, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF Save Mart Supermarkets HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF Save Mart Supermarkets (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEY MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold Save Mart Supermarkets and its affiliates harmless from any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of the Site, Services or Content.
POLICIES AND ENFORCEMENT
Save Mart Supermarkets has the right, but not the obligation, to monitor any activity and content associated with forums and interactive areas on the Site. Save Mart Supermarkets may access at any time and use internally for any lawful purpose information stored in its systems. Save Mart Supermarkets may disclose such information to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action we deem appropriate, including without limitation, issue a warning, suspend or terminate your access and use of the Site, Services and/or Content at any time.
CONSENT TO EMAIL COMMUNICATION
When you visit the Site or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Site.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law principles. Regardless of where you access the Site, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed and adjudicated only in the federal or state courts located in San Francisco, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceedings arising out of these Terms.
These Terms and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed an "original" or "in writing" and to comply with all statutory, contractual, and other legal requirements for writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained. If any portion of these Terms is found to be unlawful, invalid or unenforceable by a court of competent jurisdiction, that portion shall be deemed to be severed from the rest of these Terms and the remaining portions will be in effect, valid, and enforceable. No waiver, express or implied, by either party of any breach or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
ZERO TOLERANCE FOR SPAMMERS
Save Mart Supermarkets takes a ZERO TOLERANCE approach to SPAMMERS. We are very unfriendly toward spammers. Once it has been verified that there are intentions to abusing our website, legal action can be taken. We investigate abuses and take legal action toward offenders immediately!
Last updated: January 1, 2008
Copyright © 2008 Save Mart Supermarkets. All rights reserved.