Schnucks Family of Websites,
Terms of Service Agreement
Last Updated: May 3, 2007
I. INTRODUCTION
Welcome to Schnucks, where we make it easy. The Schnucks Family of Websites includes Schnucks.com, SchnucksMealCreations.com, and any other websites, domains, and sub-domains offered by us from time to time (collectively, the “Schnucks Websites”). On the Schnucks Websites, Schnuck Markets, Inc. (“Schnucks” “we,” or “us”) offers a variety of services, including access to a wide selection of products, services, information, and convenient features (collectively, the “Schnucks Services”).
Please ready this Terms of Service Agreement (this “Agreement”) carefully. This Agreement sets forth legally binding terms and conditions for your access to the Schnucks Websites and use of the Schnucks Services. By accessing the Schnucks Websites or using the Schnucks Services, you accept and agree to be bound by this Agreement. If you do not accept this Agreement, you should leave the Schnucks Websites immediately and discontinue all use of the Schnucks Services.
Additional Terms and Conditions. Access to certain areas of the Schnucks Websites and use of certain Schnucks Services may be subject to additional terms and conditions, including all policies, rules and requirements posted on the Schnucks Websites or otherwise made available by us to you. All such additional terms and conditions are hereby incorporated by reference into this Agreement.
Changes to this Agreement. We reserve the right to modify this Agreement from time to time, and any such modifications shall be effective when posted by us on the Schnucks Websites or otherwise made available to you. Your access to the Schnucks Websites or use of the Schnucks Services after we have modified this Agreement shall signify your acceptance of the amended terms. It remains your responsibility to review this Agreement regularly to ensure that you are updated as to any changes.
Contacting Us. Because customer satisfaction is our first priority at Schnucks, nothing is more valuable to us than your comments and suggestions. Please let us know what we are doing right, and what you would like to see us improve. With your help, we will make Schnucks an even better place to shop. Please contact us by email at consumer@schnucks.com, by telephone at (314) 994-4400 or toll-free (800) 262-4400, or by mail at Schnucks Consumer Affairs, 11420 Lackland Road, P.O. Box 46928, St. Louis, MO 63146-6928.
II. ELIGIBILITY; REGISTRATION; SPECIAL TERMS
Eligibility. Access to the Schnucks Websites and use of the Schnucks Services is limited to your personal, non-commercial use, and is void where prohibited. Children (persons under the age of 18) are not eligible to use the Schnucks Websites without the supervision of a parent or legal guardian, and we ask that children please do not send any personal information to us. By accessing the Schnucks Websites or using this Schnucks Services, you represent and warrant that: (a) you have read, understand, and agree to comply with and be bound by this Agreement; (b) all information that you submit is, and will be updated to remain, truthful and accurate; and (c) your access to the Schnucks Websites use and of the Schnucks Services does not and shall not violate any applicable laws of any jurisdiction.
Account and Password. For certain Schnucks Services, you may be asked to register an account, choose a username and password for your account, set account preferences, and/or provide certain additional information. Your account may be used by you only, and may not be shared with any other person. You are solely responsible for selecting, changing, and maintaining the security of your password and account information, and for all activity that occurs under your account. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.
Promotions, Coupons and Advertisements. We will use reasonable efforts to honor all Schnucks promotions, coupons and advertisements made available on the Schnucks Websites, according to their terms, subject to availability, and only for the specified dates. On occasion, a promotion, coupon or advertisement may be listed in error, or may contain incorrect pricing, availability or other information. We will not be obligated to honor any such promotions, coupons or advertisements, and we apologize in advance for any inconvenience.
Pharmacy Refill Service. The Pharmacy Refill service is provided as a convenient way for you to refill your prescriptions online for pick-up at a Schnucks store or for delivery to the address we have on file for you. The Pharmacy Refill service may be used only to refill Schnucks Pharmacy prescriptions. If you have any questions about the Pharmacy Refill service, please contact a pharmacy representative at the location where we filled your original prescription.
Links to Third Party Web Sites. Certain products, services and information available through the Schnucks Websites are provided by third parties, and may be provided through third party Web sites. We do not take any responsibility for third party Web sites, products, services, or information, and the inclusion of links to third party Web sites should not be construed as any sort of affiliation, sponsorship, endorsement, or approval by Schnucks. When you access a third party Web site, you do so at your own risk. You should review the privacy policies of other Web sites carefully before providing any information to such Web sites. We shall not be responsible or liable for any information, opinions, products or services available on or through any third party Web site, or any third party Web site’s privacy practices.
III. PRIVACY STATEMENT
Schnucks is committed to protecting your personal information. For more information, please review our Privacy Statement located at http://www.schnucks.com/privacy.asp.
IV. PROPRIETARY RIGHTS
Schnucks and its agents, affiliates and suppliers reserve all right, title and interest in and to the Schnucks Websites and the Schnucks Services, including but not limited to all materials, information, and compilations of information available on or through the Schnucks Websites, as well as the domain name and sub-domains, design, layout, graphics, programming code and “look and feel” of the website, the copyrights, trademarks, service marks, and trade dress related thereto, all goodwill arising therefrom, and all other intellectual property and other proprietary rights embodied therein and appurtenant thereto. You agree that you will have no rights in or to any of the foregoing, express or implied, other than a limited, non-exclusive, non-transferable, revocable license to access the Schnucks Websites and use the Schnucks Services for your personal, non-commercial use in accordance with this Agreement.
V. PROHIBITED ACTIVITIES; TERMINATION; INDEMNIFICATION
Prohibited Activities. The following is a partial list of activities that are prohibited on the Schnucks Websites. You may not:
Use the Schnucks Services for advertising, promotional, or other commercial purposes.
Submit false or misleading information, or otherwise impersonate another individual or organization.
Modify, reproduce, distribute, sell, or create derivative works based upon the Schnucks Websites or the Schnucks Services.
Post any content from the Schnucks Websites to newsgroups, mail lists, electronic bulletin boards, or any other public or privacy forum.
Use automated means, including spiders, scripts, robots, crawlers, or data mining tools, to make requests, download data, or create accounts.
Attempt to gain unauthorized access to our computer systems.
Engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Schnucks Services.
Termination. We reserve the right to terminate your access to the Schnucks Websites and use of the Schnucks Services at any time and for any reason, with or without prior notice to you, including if you violate any provision of this Agreement, or use the Schnucks Services in a manner for which it is not intended to be used. This Agreement, will survive and remain in effect even after such termination.
Indemnification. You agree to indemnify and hold Schnucks, its owners, employees, agents, affiliates and suppliers harmless from and against any and all claims, demands, actions, suits, prosecutions, damages, liabilities, losses, fines, penalties, judgments, awards, settlements, costs and expenses (including reasonable attorneys’ fees and legal costs), arising out of or resulting from, in whole or in part, your use or misuse of the Schnucks Websites or the Schnucks Services, any information you submit to the Schnucks Websites, your violation of this Agreement, or your violation of any applicable law or regulation or the rights of another person or entity.
VI. DISCLAIMERS
CONTENT AND AVAILABILITY DISCLAIMER. THE SCHNUCKS WEBSITES ARE PROVIDED AS A CONVENIENCE TO OUR CUSTOMERS. WE do not represent or warrant that your USE OF THE SCHNUCKS WEBSITEs will be uninterrupted or error-free, or that any PRODUCTS, SERVICES, CONTENT, information or materials available on or through the SCHNUCKS WEBSITES will be TRUE, accurate, complete, current, FREE FROM VIRUSES OR OTHER MALICIOUS CODE, or free from typographical errors or alterations by third parties. IF YOU ARE UNSURE OF WHETHER A PARTICULAR PRODUCT OR SERVICE IS RIGHT FOR YOU, YOU SHOULD VISIT A SCHNUCKS STORE IN PERSON TO CONSULT WITH A HELPFUL SCHNUCKS STAFF MEMBER, REVIEW THE PRODUCT PACKAGING DESCRIPTION AND INSTRUCTIONS, AND WHENEVER NECESSARY, CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL.
Health and Medical Information Disclaimer. THE SCHNUCKS WEBSITES may contain health-related or medical information of interest to VISITORS, including access to listings and pictures of certain medications and other health-related PRODUCTS. this information is not and should not be considered medical advice, regardless of whether posted by SCHNUCKS, its AGENTS, AFFILIATES, suppliers, or other VISITORS. Like any information available on the Internet, the Schnucks WEBSITES AND SCHNUCKS SERVICES should never be used as a substitute for your physician’s advice and your good judgment. WE make no representations or warranties, express or implied, concerning the quality, accuracy, reliability, completeness or appropriateness of any health-related or medical information available on THE SCHNUCKS WEBSITES or through the Schnucks Services, and, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, disclaim all responsibility and liability for any harm or damage associated with the viewing or use of such information.
GENERAL DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SCHNUCKS WEBSITES, AND ALL PRODUCTS, SERVICES, CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE ON OR THROUGH THE SCHNUCKS WEBSITES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ALL USE OF THE SCHNUCKS SERVICES IS “AT YOUR OWN RISK.” SCHNUCKS AND ITS OWNERS, EMPLOYEES, AGENTS, AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONs OR warranties of any kind, EXPRESS OR IMPLIED, REGARDING thE SCHNUCKS WEBSiteS, OR THE PRODUCTS, SERVICES, CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE ON OR THROUGH THE SCHNUCKS WEBSITES, AND EXPRESSLY DISCLAIM any WARRANTIES OF MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
VII. LIMITATIONS ON LIABILITY
To the maximum extent permitted by applicable law: (1) IN NO EVENT SHALL SCHNUCKS OR ITS OWNERS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THE SCHNUCKS WEBSITES OR YOUR USE OF THE SCHNUCKS SERVICES, INCLUDING FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE PRODUCTS, SERVICES, content, information or materials AVAILABLE ON OR THROUGH THE SCHNUCKS WEBSITES; and (2) THE TOTAL CUMULATIVE LIABILITY OF SCHNUCKS AND ITS OWNERS, EMPLOYEES, AGENTS, AFFILIATES AND SUPPLIERS ARISING OUT OF OR RELATED TO THE SCHNUCKS WEBSITES AND YOUR USE OF THE SCHNUCKS SERVICES SHALL NOT EXCEED THE TOTAL FEES (IF ANY) PAID BY YOU IN THE PRIOR ONE MONTH FOR THE PRODUCTS, SERVICES, AND/OR CONTENT GIVING RISE TO THE CLAIM, IN EACH CASE REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXISTENCE OF MORE THAN ONE CLAIMS OR SUITS SHALL NOT EXPAND THIS LIMITATION.
VIII. GENERAL TERMS
Governing Law. This Agreement and the relationship between you and us relating to your access to the Schnucks Websites and use of the Schnucks Services shall be governed by and interpreted in accordance with the laws of the State of Missouri, USA for all purposes, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction.
Jurisdiction and Venue. You agree to submit to the personal jurisdiction of the state courts of St. Louis County, Missouri and the U.S. District Court of the Eastern District of Missouri for any dispute, claim or action arising out of or related to this Agreement or your use of the Schnucks Services, and hereby waive any objections to the exclusive personal jurisdiction and venue of such courts, including without limitation any objections based on forum non conveniens; provided, however, that the foregoing shall not prevent us from seeking temporary or permanent injunctive or other equitable relief against you in any court of competent jurisdiction.
Assignments. You may not assign this Agreement or assign or delegate any right or duty under this Agreement, in whole or in part. Any attempted assignment or delegation shall be null and void from the beginning and without further effect. We may assign this Agreement or any right or duty under this Agreement, with or without notice to you, including to any affiliate or successor in interest. Subject to the foregoing, this Agreement shall be binding on and inure to the benefit of you and us, and each of our respective representatives, heirs, administrators, successors and permitted assigns.
Entire Agreement. This Agreement sets forth the entire agreement of the parties with regard to the subject matter hereof, and supersedes all prior and contemporaneous negotiations and agreements, written or oral. No provision of this Agreement shall be waived by any act, omission or knowledge of a party. Any waiver on one occasion shall not constitute a waiver of any other or subsequent duty or breach. The Section headings in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. The term “including” as used herein means “including without limitation.” If any provision of this Agreement is determined to be invalid or unenforceable under applicable law, the provision shall be amended and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions of this Agreement shall continue in full force and effect.