I. Terms of Use
Last Updated: November 8, 2022
ATTENTION: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN
SECTION 24 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS
THAT YOU AND THE COMPANY (AS DEFINED BELOW) ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN
CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND
APPELLATE REVIEW THAN IN COURT.
Welcome to the Albertsons family of grocery banner store websites, online ordering services, and mobile
applications. Albertsons Companies, Inc., directly and through one or more of its affiliates/subsidiaries
(collectively, "Company", "we", “our”, and "us"), operates retail grocery stores and fulfillment centers across
the United States under well-known "banners," including, without limitation, ACME®,
Albertsons®, Andronico's®, Balducci's®, Carrs®, Haggen®,
Jewel-Osco®, Kings Food Markets®, Market Street®, Pavilions®,
Randalls®, Safeway®, Shaw's®, Star Market®, Tom Thumb®,
and Vons®.
These Terms of Use (collectively, "Terms") apply to any and all Company and its banners’ websites, online
ordering services, and mobile applications linking to or posting these Terms (each a “Site”, collectively,
“Sites”). There may be different or additional terms and conditions applicable to specific components of certain
Sites. These such additional or different terms and conditions will be posted to such Sites, are incorporated
herein by reference, and they, together with these Terms, govern your engagement with those components of such
Sites. Please note, not all Sites and/or banners offer the same services, products, promotions, pricing,
programs, loyalty programs, or offerings.
These Terms apply to any and all users of any of our Sites, any person who has notice of these Terms, and any
person acting as an agent of a user of any Site (herein referred to as “you”, your”, or any similar pronoun, or
a “user”). These Terms govern your access to and use of all Sites, among other things. By using a Site, you
acknowledge, and agree that you are of legal age to enter into these Terms, or, if you are not, that you have
obtained parental or guardian consent to enter into these Terms and your parent or guardian consents to these
Terms on your behalf. By accessing and/or using any of our Sites, and by continuing to access and/or use any of
our Sites, you agree to be bound by these Terms. If you do not agree to these Terms or updated Terms, please do
not access or use the Sites. If you are accessing or using any of our Sites on behalf of any person or entity,
you represent and warrant that you are authorized to accept these Terms on behalf of such person or entity and
all references to "you" in that context shall mean the person or entity on whose behalf you are accessing and/or
using our Sites.
Please note, if you use any of our (i) online ordering services, (ii) catering order services (“Catering Order
Service”) used to order special order items including, without limitation, deli platters, custom cakes and
bakery items or holiday meals for in-store pickup ("Special Order Items"), (iii) the Safeway Marketplace
(defined below), or (iv) online grocery ordering services used to order groceries or other items for delivery
from or pickup at one of our stores (“Online Grocery Ordering Service"), there are additional terms and
conditions that govern those services and your use of and access to them (collectively, the “Online Ordering
Services Terms”). The Online Ordering Services Terms are incorporated herein by reference and are included
herein under Section II.
Table of Contents for Section I These Terms
1. We May
Modify These Terms
2. We May
Change What We Offer; Offerings Are Not Always Available
3. We
Grant You a License to Use Our Content, but Only for Informational and Non-Commercial Purposes
4. Our
Content Is Provided as a Convenience and May Change or Have Errors
5. We Do
Not Allow Framing and Limit Hyperlinks
6. We Can
Use or Disclose Your Feedback
7.
Requirements When You Establish An Account
8. You Are
Responsible for Use of Your Account
9. We May
Terminate Your Account
10.
Special Terms for Mobile Application Users
11.
Special Terms for Payment via App
12.
Special Terms for Apple Users
13.
Geo-Location Terms
14. Sites
Are Protected by Copyright Laws
15. Sites
Are Protected by Trademark Laws
16. You
May Not Impair the Security of the Sites
17. We
Have Monitoring and Enforcement Rights
18.
Prohibitions on Your Use of the Sites
19. Third
Party Software
20. We
Disclaim These Warranties
21. Our
Liability is Limited
22. You
Indemnify Us
23.
Delaware Law Applies
24. You
Agree to Arbitrate Disputes and Will Not Be Part of a Class Action Against Us
25. You
Consent to Receive Certain Electronic Communications from Us; Telephone and Text Messaging Opt-In
26.
Presumption that Communications to Us Through Your Account Are Authorized by You
27.
Written Notice
28. We
May Terminate Your Access
29. No
Waiver
30.
Severability
31.
Privacy Policy
32.
Notice and Procedure for Making Claims of Copyright Infringement
33. Our
Rights to Modify Sites and Correct Errors, Deficiencies, Inaccuracies and Omissions
34.
Entire Agreement
35.
Questions or Requests for Information
1. We May Modify These Terms.
We reserve the right to update and/or modify these Terms at any time without notice to you. The date of the most
recent version of these Terms is noted at the top of the Terms. Any modification will be effective upon posting
of the updated Terms, and your access to and/or use of any of the Sites thereafter will constitute your
acceptance of such modified Terms. Please note the date these Terms were last modified and review these Terms on
a regular basis.
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2. We May Change What We Offer; Offerings Are Not Always Available.
We may add, remove, change, or terminate any of the services, products, pricing, programs, promotions, and/or
other offers, deals, coupons, and/or specials (collectively, "Offerings") described or offered through any of
the Sites at any time without notice to you. Not all Offerings are available at all of our stores or at all
times. Some or all of the Offerings may not be available in your location (or your delivery or preferred pickup
location). Pricing may vary by location. References to any Offerings on the Sites that may be available in one
location do not warrant or imply that Company offers or intends to offer them in any other location, or at the
same price. Company controls and operates the Sites from the United States and makes no representation that the
Sites are appropriate or available for access and/or use in any other country.
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3. We Grant You a License to Use Our Content, but Only for Informational and Non-Commercial Purposes.
All information, data, materials, text, graphics, images, and other content available on the Sites, including
Third Party Content, Medical Content and Nutritional Content (as such terms are defined below) (collectively,
"Content") are provided for informational purposes and personal uses only (unless we agree in writing). We grant
you a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable, limited license to access
and/or use the Content on the Sites, and to download, print and store portions of the Content that you select,
provided that you: (i) access and/or use those portions of the Content solely for your own personal,
non-commercial use (unless we provide prior written authorization); (ii) do not copy or post the Content on any
network computer, or transmit, distribute, publish, display, make available or broadcast the Content in any
media or platform; and (iii) do not modify or alter the Content in any way or delete or change any copyright or
trademark notice. No right, title or interest in and to any Content is transferred to you as a result of this
limited license.
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4. Our Content Is Provided as a Convenience and May Change or Have Errors.
Your use of any Content from the Sites is entirely at your own risk, for which Company will not be liable. We do
not guarantee the correctness, availability, usefulness, reliability, validity, accuracy, completeness,
timeliness, correct sequencing, or suitability of the Content on the Sites, and Company shall not be liable for
any errors or deficiencies in any Content on the Sites, or for any action or inaction taken by you in reliance
thereon; unless and to the extent resulting from Company's grossly negligent, reckless or intentional acts. In
particular, you should note the following:
(a) Third Party Content. Certain content from third parties ("Third Party Content")
may be made available as part of the Sites or through links on the Sites, and such Third Party Content may be
subject to its own additional license terms and policies. You should refer to the terms and policies posted on
third party websites prior to using any such Third Party Content. Company does not endorse, oppose, or edit any
opinion, claim, or analysis expressed by any third party or Third Party Content. You agree that Company is not
responsible for the substance, availability, or accessibility of any Third Party Content accessible through the
Sites and understand that you bear all risks associated with your access to and/or use of such Third Party
Content.
(b) Product Information and Pricing Changes and Errors Occur. While we endeavor to
provide accurate product information, you should know that product information accessed through the Sites is
obtained from claims made by product manufacturers; on occasion manufacturers may alter their labels or
ingredient lists; and actual product packaging and materials may contain more and/or different information than
that shown on the Sites. Accordingly, you should not rely solely on the product information presented on the
Sites, but should always read carefully the labels, warnings, and directions before using or consuming a product
and contact directly the product manufacturer for any questions. None of the entities associated with Company
nor its Content provider(s) nor product manufacturers assume any liability for inaccuracies, misstatements, or
omissions related to any product information listed on the Sites. In addition, even though we make an effort to
describe and display our Offerings accurately on the Sites, Offerings on the Site may be mispriced, described
inaccurately, or unavailable and we may experience delay in updating information on the Sites and in our
advertising on the Sites.
(c) Medical Content. All drug and interaction information; health or wellness
information; and any other content available in any pharmacy, nutrition, health, or wellness area of the Sites
("Medical Content") is provided for informational and educational purposes only and is intended as informational
and not a substitute for, the diagnosis, treatment and advice of a qualified health-care provider. You should
not rely solely on the Medical Content nor use it as a self-diagnosis or for treating a health problem or
disease. Company does not represent or guarantee that any of the Medical Content is accurate, complete, correct,
useful, valid, timely, reliable, suitable, or correctly sequenced. The Medical Content does not cover all
possible uses, precautions, side effects and interactions of any prescription or over-the-counter drug and
should not be construed to indicate that any such drug is safe for you. Consult your qualified health-care
provider for guidance before using any prescription or over-the-counter drug, and regarding the applicability of
any opinion, research result, or recommendation with respect to any symptom or medical condition. Always seek
the advice of your qualified health-care provider with any questions you may have regarding a medical condition
or change in health. Never disregard or delay in seeking professional medical advice because of something you
have read on any of the Sites. Contact your qualified health-care provider immediately if you suspect that you
have a medical problem. Company does not recommend or endorse any specific tests, products, procedures, methods,
opinions or other information that may be mentioned on or included in the Sites. Any information and statements
regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended
to diagnose, treat, cure, or prevent any disease or health condition.
(d) Nutritional Content. Any nutritional information about recipes provided on the
Sites ("Nutritional Content") is based on the ingredients and cooking techniques as listed in the applicable
recipe and does not include optional ingredients or garnishes. All stated nutritional values are composite
averages and may vary according to freshness, variety, differences in preparation or brands of ingredients.
Altering cooking methods or substituting any ingredients may change the posted nutritional information
significantly. Company does not warrant the quality, completeness, or accuracy of recipes contained on the Sites
or the results of preparing the recipes. Also, the Sites may provide information about food handling and
preparation methods. Such information is not intended to be comprehensive and should not be substituted for
information available from applicable governmental sources. Please be advised consuming raw or undercooked meat,
poultry, seafood, shellfish or eggs may increase your risk of food borne illnesses, especially if you have
certain medical conditions.
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5. We Do Not Allow Framing and Limit Hyperlinks.
If you post content online by maintaining a website, by blogging, or through any other means, you may include
within that content a hyperlink to the home page or sign-in page of any of the Sites. All other linking to any
of our Sites is strictly prohibited without prior written authorization from us. We accept no responsibility or
liability for the quality, content, timeliness, accuracy, nature, or reliability of any content that you or
others post online, even if it contains a hyperlink to one of our Sites. The inclusion of a hyperlink to any of
our Sites within such content does not imply endorsement or approval by Company of that content. You may not
frame or use framing techniques to enclose any Company trademark, logo or other proprietary materials, including
the images posted on any of the Sites, any text or design of any Site, or any form contained on a Site, without
our prior written consent.
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6. We Can Use or Disclose Your Feedback.
Subject only to the provisions of our Privacy
Policy, any comments or materials that you submit to Company, including, without limitation, any
questions, comments, suggestions, or other feedback regarding Company, its Offerings, or any of the information
on the Sites, ("Feedback") will be considered to be non-confidential and non-proprietary. Company shall be free
to use and disclose, with no notice or compensation to you, any ideas, concepts, know-how, techniques, methods
or methodologies contained in any such Feedback for any purpose whatsoever, including but not limited to
developing, manufacturing, and marketing products and/or services incorporating such Feedback. Despite this
right of ours, you are solely responsible for any Feedback you make available, and you agree to indemnify
Company for all claims resulting from any Feedback you make available.
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7. Requirements When You Establish An Account.
You may be permitted or required to create an online account (an “Account”) on or through one of our Sites to use
Offerings we offer. Your use of the Account may also be covered by other terms, such as the terms governing our
prescription management services, which are incorporated herein by reference, or the terms governing the Online
Grocery Ordering Service set out in The Online Ordering Services Terms. You agree to such additional terms, and,
unless otherwise provided in those separate terms, you agree to use and access your Account solely for lawful
purposes consistent with the service(s) and program(s) offered through the Account. When you create an Account,
you must provide us with certain information about you and create a password. You agree to provide us with
accurate and complete information requested in the registration process, and to inform us of any updates to such
information on an ongoing basis to keep it accurate and complete. You agree that you will not impersonate any
other person, set up multiple Accounts, or use your Account(s) in any way that circumvents limits on offers,
discounts, promotions or coupons, and that we may terminate any Account we believe has engaged in such
activities. You agree to keep your password confidential and not share it with anybody else.
When you first register for an Account, your Account enrolls you to our banner-specific digital loyalty program
(each a “for U™ Program”) (e.g., when you register for an Account on Safeway.com, the for U™ Program will be
“Safeway for U™”).
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8. You Are Responsible for Use of Your Account.
You are solely responsible for any authorized or unauthorized access to and/or use of your Account by any person,
and for all charges incurred through your Account. You agree to notify Company promptly (at the contact
information set forth in Section 27 of these Terms) regarding any unauthorized access to and/or use of your
Account. You further agree that you will remain liable for any charges incurred through your Account until you
so notify Company.
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9. We May Terminate Your Account.
We reserve the right to suspend or terminate your Account at any time, with or without notice to you. You may
terminate your Account at any time by notifying Company in accordance with Section 27 of these Terms. Company
reserves the right to collect, and you shall be liable for payment of, any fees and charges incurred before your
Account is terminated.
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10. Special Terms for Mobile Application Users.
With respect to each mobile application made available by Company for downloading (each an "App" or "Company
App"), and without limiting any other terms and conditions herein, by taking the required steps to download the
App or create an Account on the App, you are expressly agreeing that you have read, understand and agree to be
bound by these Terms and any updates or amendments to these Terms. Check these Terms in the App or online
periodically to access our most current Terms. To use the App you must have a mobile device that is compatible
with the mobile service. Company does not warrant that the App will be compatible with your mobile device. In
addition, the App requires the Internet to function properly. Company is not responsible for the availability or
quality of Internet service during your use of the App. With respect to each instance in which you download a
Company App, Company hereby grants to you a non-exclusive, non-transferable, non-assignable, revocable license
to use an object code copy of the App for one registered Account owned or leased solely by you, for your
personal use. You may not: (i) modify, disassemble, decompile, reverse engineer or create derivative works of
the App, except to the extent that the law expressly prohibits such a limitation on you; (ii) rent, lease, loan,
resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time
sharing or similar services for any third party; (iii) copy, reproduce, republish, upload, post, transmit or
distribute the App in any way, unless specifically allowed in these Terms; (iv) remove, circumvent, disable,
damage or otherwise interfere with security-related features of the App, features that prevent or restrict use
or copying of any content accessible through the App, or features that enforce limitations on use of the App;
(v) delete the copyright, trademark and other proprietary rights notices on the App; or (vi) create another app
to sniff, phish, scrape, or otherwise monitor Company Apps unless allowed by the platform for all apps on the
Android and iOS platforms. You acknowledge that Company, from time to time, issues upgraded versions of the App,
and may, depending on your device settings, automatically electronically upgrade the version of the App that you
are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that
the terms and conditions of these Terms, as may be revised from time to time, will apply to all such upgrades.
You further understand and agree that, if the App on your mobile device is not upgraded, either automatically or
manually by you, following the release of an upgraded version of the App, you may be unable to access, utilize
or otherwise take full advantage of features, functionality, patches, offers, discounts or rewards enabled by
the upgraded version of the App. Similarly, you acknowledge and agree that some updates may not support older
model devices resulting in the App no longer working on your device. Company shall have no liability to you with
respect to your continued use of the App if not upgraded upon release of a new version or your inability to use
the App following such an upgrade. The foregoing license grant is not a sale of the App or any copy thereof, and
Company and its third party licensors or suppliers retain all rights, title, and interest in and to the App (and
any copy of the App). Standard carrier data charges may apply to your use of the App. Your use of any Company
App may also be governed by the terms and policies of your mobile network provider, the app store from which you
download the App, your device manufacturer or operating system/software provider, and credit card or third party
payment provider. Use of a Company App may transmit data concerning your use of the App to Company or to third
parties such as your payment provider. This information may include geolocation data (where you are and where
Company retail stores are located) or payment data. Refer to Company Privacy
Policy and the Geo-Location Terms section of these Terms for more information.
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11. Special Terms for Payment via App.
Company Apps may now or in the future enable wireless payment through the App for purchases made at Company's
physical locations, such as at Company's stores and fuel stations. You must be at least 18 years of age to use
this Offering. By opting in to this service, you understand and agree that the App will utilize the wireless
capability of the mobile device(s) on which you have installed the App to communicate automatically with a
Company point of purchase payment device, such as a cash register, whenever your mobile device is in proximity
to Company's payment device. Upon downloading the App or at opt-in to use of the payment function, you will be
given the opportunity to link a credit card or other payment method to your Account. By electing to store your
card details on the Sites, you consent to and authorize storage of your card data (Name, Credit/Debit Card
number, Expiration Date) for purposes of future online transactions, all transactions made via the Sites and the
Company charging your selected payment method in the amount of each such transaction. You are responsible for
all use of the Company App via your mobile device, including unauthorized transactions. If your mobile device is
lost or stolen, notify your credit card company or other payment provider immediately. If you believe there is
an error in your billing or unauthorized access to your Account, please contact customer service at: Customer
Service Center, Albertsons Companies, Inc., M/S 10501 P.O. Box 29093, Phoenix, AZ 85038-9093 or (877) 505-4040.
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12. Special Terms for Apple Users.
Users of Company Apps acknowledge that they have reviewed and agree to the terms of the online app marketplace
from which they have downloaded the App. The following additional terms and conditions apply with respect to any
App that Company provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):
(a) You acknowledge that these Terms are between you and Company only, and not with Apple, Inc. ("Apple").
(b) Your use of the Company's iOS App must comply with Apple's then-current App Store Terms of Service.
(c) Company, and not Apple, is solely responsible for our iOS App and the services and Content available thereon.
You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS
App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with
respect to our iOS App.
(d) You agree that Company, and not Apple, is responsible for addressing any claims by you or any third party
relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product
liability claims pertaining to our iOS App; (ii) any claim that our iOS App fails to conform to any applicable
legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and
all such claims are governed solely by these Terms and any law applicable to us as provider of our iOS App.
(e) You agree that Company, and not Apple, shall be responsible, to the extent required by these Terms, for the
investigation, defense, settlement and discharge of any third party intellectual property infringement claim
related to our iOS App or your possession and use of our iOS App.
(f) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you
are not listed on any U.S. Government list of prohibited or restricted parties.
(g) You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must
not be in violation of your wireless data service terms of agreement when using our iOS App).
(h) You and Company agree that Apple and Apple's subsidiaries are third party beneficiaries to these Terms as
they relate to your license of our iOS App. Upon your acceptance of these Terms, Apple will have the right (and
will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of
our iOS App as a third party beneficiary thereof.
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13. Geo-Location Terms.
The Offerings we provide may use your location to enable certain features of the Offerings. For Company mobile
Apps, you can disable this feature in your device's settings. In addition, you can use browser settings, such as
private browsing, to control use of your location data when accessing one of our Sites on the Internet. The
Offerings may include and make use of certain functionality and services provided by third parties that allow
the Offerings to include maps, geocoding, places and other Content from those third parties as part of the
Offerings (the "Geo-Location Services"). Your use of the Geo-Location Services may be subject to such third
parties' terms of use.
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14. Sites Are Protected by Copyright Laws.
The Sites, and all Content available on the Sites, are protected by copyright laws. Unless specified otherwise on
the Sites, no portion of the Sites may be copied, displayed, performed, republished, transmitted, or distributed
in any way or form, nor may any derivative work of any Site or Content be created, without Company's prior
written consent. Any such use of any Content for any purpose not authorized under these Terms is a violation of
the copyrights of Company (or other entities). Permission for all uses of the Sites other than as expressly
authorized under these Terms must be obtained from Company or the appropriate owner thereof in advance and in
writing. The use of the Sites or any Content available thereon on any other website or networked computer
environment is prohibited. Your access to or use of the Sites does not grant you any rights, either
intentionally or by implication, to any program, tool, or application.
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15. Sites Are Protected by Trademark Laws.
All trademarks, service marks, logos, trade names and trade dresses in or on the Sites, whether registered or
unregistered, are proprietary to Company (or to other entities). You may not use, reproduce, or otherwise
display any such trademarks, service marks, logos, trade names or trade dresses without the prior written
consent of Company or the appropriate owner thereof. All design rights, compilation rights, and similar
intellectual property rights in and to the Sites, in each case whether registered or unregistered, and related
goodwill, are owned exclusively by and are proprietary to Company or other entities.
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16. You May Not Impair the Security of the Sites.
You are prohibited from violating, or attempting to violate, the security of the Sites; rendering the Sites
inaccessible to others; imposing an abnormal or unreasonable burden on the hardware and software infrastructure
for the Sites; or otherwise compromising or causing or attempting to cause damage to the Sites. Any such
violation may result in criminal and/or civil penalties against you. Company will investigate any alleged or
suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies
in their investigations.
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17. We Have Monitoring and Enforcement Rights.
Company has the right, but not the obligation, to monitor any activity on the Sites or your access to and use of
Content associated with any interactive area on the Sites. Company may access at any time and use internally for
any lawful purpose information stored in our systems, subject (as applicable) to the provisions of our Privacy
Policy. We may investigate any violation or attempted violation of our policies, or complaints and
take any action we deem appropriate, including without limitation, issuing a warning, or suspending or
terminating your access to and use of the Sites, at any time without prior notification to you.
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18. Prohibitions on Your Use of the Sites.
As a condition of your access to the Sites, you must not:
(a) access the Sites through any means other than the visual user interfaces authorized by Company or through our
authorized accessibility alternatives or permitted voice activated systems;
(b) use the Sites for any commercial purpose without Company's prior written approval in each instance, except
you may use the Online Grocery Ordering Service for ordering Offerings (described in The Online Ordering
Services Terms below) and the Catering Order Service for ordering Special Order Items from Company for pick up
or delivery to your business, however ordering for resale is not permitted;
(c) access the Sites with any data extraction, scraping, mining, or other data gathering tools; create a database
by systematically downloading or storing any Content from the Sites (such as a list of our physical store
locations); or otherwise scrape, collect, store, or use any Content from the Sites, including without limitation
any product listings, descriptions, prices, or images, except in all cases as expressly authorized under these
Terms or permitted separately under a fully executed written agreement between you and Company (except publicly
accessible search engines may use spiders to copy materials from the Sites for the sole purpose of and solely to
the extent necessary for creating publicly available searchable indices of the Content on the Sites, excluding
indices which enable the purchase of Offerings except from Company directly);
(d) use or launch any automated system, including without limitation, "robots," "spiders," "crawlers,"
"extensions," "add-ons," "plug-ins," "apps," or "offline readers" (other than screen readers and similar devices
designed to assist visually impaired persons to access the Sites or with our prior written authorization);
(e) mirror or frame the homepage or any other pages of the Sites on any other website or web page without
Company's prior written approval in each instance;
(f) send or otherwise transmit to or through the Sites any material that is, or may reasonably be considered to
be, unlawful, infringing, harmful, harassing, offensive, threatening, vulgar or otherwise objectionable;
(g) cause or permit any reverse engineering, decompilation, modification, translation or disassembly of, or
attempt to derive any source code of, any program, tool, or application underlying any of the Sites (except for
any Site that is a mobile application, and then only to the extent required by local law to obtain
interoperability with independently created computer programs or as required by other compulsory local law);
(h) access and/or use the Sites in violation of any applicable federal, state or local laws, rules or
regulations, or encourage conduct that may do so; and/or
(i) assist or permit any person engaging in any of the prohibited activities described above.
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19. Third Party Software.
The Sites may contain Third Party Content, programs, tools, SDKs, and/or applications subject to their own
license terms ("Third Party Software"). Any Third Party Software accompanying any of our mobile applications is
provided to you under the terms of the license agreement or copyright notice accompanying such Third Party
Software or in the open source licenses file accompanying the mobile application. For a list of any Third Party
Software currently in use Visit Disclosures
list for Third Party Software and Open Source.
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20. We Disclaim These Warranties.
Important: The Sites, and all Content available on the Sites, are provided on an "as is" and "as
available" basis, without warranties, representations or endorsements of any kind. To the fullest extent
permitted under applicable law, Company disclaims all warranties of any kind, express, implied, statutory or
otherwise (including, but not limited to, implied warranties of merchantability, fitness for a particular
purpose, title and non-infringement, any warranty for information, data, data processing services or
uninterrupted access or use). Company does not warrant that the Sites will be uninterrupted, secure, or
error-free, that defects will be corrected, or that the Sites will be free of viruses or other harmful
components. Company does not make any representations or warranties regarding the access or use of, or the
results of the use of, the Content on the Sites (including all descriptions, images, references, features,
specifications, information, data, Offerings, and prices/availability of Offerings described or depicted on
the Sites or Offerings offered through the Sites) in terms of its availability, usefulness, completeness,
correctness, accuracy, reliability, validity, suitability, timeliness, correct sequencing, or
otherwise. Applicable law may not allow the exclusion of implied warranties, so some or all of
these disclaimers may not apply to you.
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21. Our Liability is Limited.
Important: To the fullest extent permitted under applicable law, under no circumstances (other than
injury to the person in the case of consumer goods) shall Company be liable for any consequential,
incidental, special, punitive, exemplary, or indirect damages, or any lost profits or lost revenues,
resulting from, based on, or arising out of (i) your access or use of, or inability to access or use, the
Sites and/or the Content; (ii) any transaction conducted through or facilitated by the Sites; (iii) any
claim attributable to errors, omissions, deficiencies, or other inaccuracies in the Sites; (iv) any
unauthorized access to, or use, disclosure or alteration of, your transmissions of data including, without
limitation, your personal information or payment card information; (v) statements or conduct of any third
party on the Sites; or (vi) any other matter related to the Sites, even if Company or a Company
representative has been advised of the possibility of such damages. Notwithstanding the foregoing, Company's
total liability to you (excluding any liability for injury to the person in the case of consumer goods),
whether under contract, warranty, tort (including but not limited to negligent, but excluding grossly
negligent, reckless and intentional, acts of the Company), product liability, strict liability or any other
theory, arising from these Terms or your access to and/or use of the Sites for any reason whatsoever shall
be limited in the aggregate to the total of all payments you have made to Company (if any) during the
three-month period preceding the date of such claim. If you are dissatisfied with any of the Sites, any
Content, or any programs and/or services provided through any of the Sites, your sole and exclusive remedy
is to discontinue using the Sites. Applicable law may not allow some or all of this exclusion
or limitation of liability for damages, so some of these exclusions or limitations may not apply to you. The
foregoing provision is enforceable in the State of New Jersey.
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22. You Indemnify Us.
You agree to defend (at Company’s option), indemnify, and hold harmless Company, and its affiliates and
subsidiaries and all of its/their respective officers, directors, employees, owners, agents, information and
service providers, licensors and licensees, for, from, and against any and all third party claims, complaints,
suits, actions, demands, enforcement actions, penalties, fines, fees, interest, awards, settlement awards,
judgements, arbitrations, mediations, investigations, charges, liabilities, losses, damages, expenses, and costs
(including reasonable attorney fees) arising from, related to, or in connection with your conduct in connection
with accessing, using, and/or misusing any of the Sites or your breach of these Terms. This provision does not
apply to acts of Company. You shall cooperate with Company in the defense of any such claim. Company reserves
the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you hereunder. Some jurisdictions limit consumer indemnities, so some portions or all of this
indemnity provision may not apply to you. The foregoing provision is enforceable in the State of New Jersey.
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23. Delaware Law Applies.
These Terms, and any matter related to or arising from your access to or use of any of the Sites, shall be
governed by and construed in accordance with the laws of the state of Delaware, without resort to its conflict
of law principles.
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24. You Agree to Arbitrate Disputes and Will Not Be Part of a Class Action Against Us.
(a) Except for cases involving claims for public injunctive relief (as defined by law), you and Company agree
that all controversies, claims, counterclaims, or other disputes arising between you and Company relating to
these Terms or arising out of your access to or use of any of the Sites (each a "Claim") will be resolved
through binding and final arbitration instead of through court proceedings. This agreement to
arbitrate means that each of you and Company waive your/its respective rights to a jury trial. Any
and all Claims shall be submitted for binding arbitration in accordance with the JAMS Streamlined Arbitration
Rules & Procedures that are in effect at the time arbitration is initiated ("JAMS Rules"). You may, in
arbitration, seek any and all remedies otherwise available to you under applicable federal, state or local laws,
except as provided below in subsection (f) of this Section 24. If you decide to initiate arbitration, you agree
to pay an arbitration initiation fee of $250 (unless the fee is waived as discussed in subsection (b)(4) of this
Section 24), and Company will pay the remainder of the arbitration initiation fee and all other costs of the
arbitration proceeding, including the arbitrator's fees. The arbitration will be held at a location in your
hometown area unless you and Company both agree to another location or telephonic arbitration.
(b) For information on filing your Demand for Arbitration, you may contact JAMS toll free at (800) 352-5267. To
start an arbitration hereunder, you must do all of the following:
(1) Write a demand for arbitration (your "Demand for Arbitration"). Your Demand for Arbitration must include a
description of the Claim and the amount of damages sought to be recovered, and you must attach a copy of all of
these Terms (including this arbitration provision). You can find a form of a demand for arbitration on the JAMS
rules page at http://www.jamsadr.com/rules-download/ .
(2) Send one copy of your Demand for Arbitration to Company at: Albertsons Companies, Inc., 250 E. Parkcenter
Blvd., Boise, ID 83706 Attn: General Counsel.
(3) Send two copies of your Demand for Arbitration (with a copy of these Terms attached) and proof of service of
your Demand for Arbitration on Company at the address noted in subsection (2) above (for example, a copy of a
certified mail return receipt requested or a sworn statement of service by a non-party over 18 years of age) to
the JAMS Resolution Center of your choice (JAMS Resolution Centers are listed at http://www.jamsadr.com/locations/).
(4) Pay JAMS a $250.00 arbitration initiation fee, unless you are entitled to a waiver of the fee under
California Code of Civil Procedure Section 1284.3 or other applicable law.
(c) In the event Company elects to start an arbitration with you hereunder, Company must write a demand for
arbitration and send two copies of it to JAMS and serve one copy of Company's Demand for Arbitration to you at
the contact information that we have on file for you. Company will pay all costs of the arbitration proceeding,
including the arbitrator's fees, for any arbitration that Company commences.
(d) The arbitration will be heard and determined by a single, neutral arbitrator selected in accordance with JAMS
Rules. The arbitrator shall render an award in accordance with JAMS Rules. In the arbitration proceeding, the
arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does so.
Any award may also be challenged if the arbitrator awards any relief that could not be awarded under the laws of
the state in which the arbitration is held or in which the award is to be enforced. Except for the foregoing,
the arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced
in any federal or state court that has jurisdiction. You and Company agree that the arbitration shall be kept
confidential and that the existence of the proceeding and any element of it (including, without limitation, any
pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and
awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial
proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities
regulatory authorities or other governmental agencies.
(e) The terms of this Section 24 do not preclude you or Company from seeking action by federal, state, or local
government agencies. You and Company also have the right to bring qualifying claims in small claims court. In
addition, you and Company retain the right to apply to any court of competent jurisdiction for public injunctive
relief and/or provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such
request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted
to arbitration as provided in these Terms.
(f) Neither you nor Company may act as a class representative, nor participate as a member of a class of
claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The
arbitrator can decide only your and/or Company's individual Claims. The arbitrator may not consolidate or join
the claims of other persons or parties who may be similarly situated. Accordingly, you and Company agree that
the JAMS Class Action Procedures do not apply to Company's arbitration. This arbitration provision and the
procedures applicable to the arbitration contemplated by this provision are governed by the Federal Arbitration
Act, notwithstanding any state law that may be applicable.
(g) A court may sever any portion of this Section 24 that it finds to be unenforceable, except for the
prohibitions on any Claim being handled on a class or representative basis. No waiver of any provision of this
Section 24 will be effective or enforceable unless recorded in a writing signed by the party waiving such a
right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section 24
will survive the termination of your relationship with Company and any termination of your access to and/or use
of all or any part of any of the Sites.
(g) Important: This Section 24 limits certain rights, including the right to maintain a court
action, the right to a jury trial, the right to participate in any form of class or representative claim,
the right to engage in discovery except as provided in the JAMS Rules, and the right to certain remedies and
forms of relief. Other rights that you or Company would have in court also may not be available in
arbitration.
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25. You Consent to Receive Certain Electronic Communications from Us; Telephone and Text Messaging Opt-In.
When you visit the Sites 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 Sites. If you contact us by email, telephone, facsimile, in-App customer service, online chat or
similar electronic communication service, you consent to our use of the same communication method, and/or any
email address or telephone number you provide in contacting us, to respond to your contact. In addition, if you
register or create an Account on any of the Sites, you consent to our use of the contact information provided in
that process to contact you regarding your Account. Company reserves the right to send you emails relating to
your Company Account or use of its Offerings, such as administrative and service announcements or if we suspect
fraud, and these transactional or Account messages may be unaffected if you choose to opt out from receiving
Company marketing emails. You further understand that the Company may send you sales and marketing
communications, such as by email or push notification through any Company App you have downloaded. You can opt
out of receiving Company sales and marketing emails at any time by following the unsubscribe instructions in
those emails. This will not affect subsequent subscriptions and if your opt-in is limited to certain types of
emails, the opt-out will also be so limited. Similarly, you can limit your receipt of push notifications by
adjusting the settings of your mobile device. You may be given the opportunity to opt in to Company recurring
message programs which provide updates regarding product and service information/availability, marketing
messages and promotional offers. These marketing messages may be autodialed, prerecorded or promotional and may
be delivered via voice or text. Company texting programs send five or fewer messages per month, unless otherwise
noted at the time of opt-in. You may opt out of receiving text messages at any time by replying "STOP" to the
message. You may receive one confirming text. Message and data rates may apply. Carriers and Albertsons
Companies, Inc. are not liable for delayed or undelivered messages. You may opt out of any voice telephone
message program by following the directions provided during the telephone call.
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26. Presumption that Communications to Us Through Your Account Are Authorized by You.
Company conclusively presumes that communications received from you through any Account you have created on a
Company Site, as well as any orders submitted via the Online Grocery Ordering Service or the Catering Order
Service in your name are accurate, complete, and authorized by you (or the person or the entity on whose behalf
you place the order) as received by Company. You agree not to contest the validity and binding legal effect of
those communications.
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27. Written Notice.
Any written notice, demand, consent or other similar communication related to these Terms, your Account, the
Online Grocery Ordering Service or the Catering Order Service given by one party to the other shall be deemed to
have been given when delivered, in each case, addressed as follows:
(a) If from You to Company:
Customer Support Center, Albertsons Companies, Inc., M/S
10501 P.O. Box 29093, Phoenix, AZ 85038-9093.
(b) If from Company to You:
At the email or mailing address specified in your Account
or the address provided when placing an order through the Online Grocery Ordering Service or the Catering Order
Service.
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28. We May Terminate Your Access.
Company may terminate your access to and/or use of all or any part of any of the Sites for any or no reason, at
any time, in its sole discretion, with or without notice to you.
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29. No Waiver.
No waiver, express or implied, by you or Company of any breach or default under these Terms by the other party
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.
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30. Severability.
If any provision of these Terms shall be deemed unlawful, invalid or for any reason unenforceable, then that
provision shall be deemed severable from these Terms but severing any such provision from these Terms shall not
affect the validity and enforceability of any remaining provisions.
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31. Privacy Policy.
Please refer to our Privacy
Policy, which is incorporated herein by reference, for information regarding how Company collects, uses
and shares information about users of our Sites.
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32. Notice and Procedure for Making Claims of Copyright Infringement.
If you believe your work has been copied on the Site in a way that constitutes copyright infringement, please
send our Copyright Agent a written notification ("Infringement Notification") containing all the following
information:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a
single Site are covered by a single Infringement Notice, a representative list of such works at that Site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit
us to locate the material;
(d) Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if
available, an email address;
(e) A statement that you have a good faith belief that use of the allegedly infringing material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the Infringement Notification is accurate and, under penalty of perjury,
that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Company's Copyright Agent for notice of claims of copyright infringement on or relating to the Site can be
reached as follows: Copyright Agent, Legal Department, Albertsons Companies, Inc., 11555 Dublin Canyon Road,
Pleasanton, CA 94588, Phone: 925-226-5000
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33. Our Rights to Modify Sites and Correct Errors, Deficiencies, Inaccuracies and Omissions.
We reserve the right to modify or discontinue all or any part of the Sites—including any or all of the Content on
the Sites (including without limitation, all descriptions, images, references, features, specifications,
information, data, Offerings, offers, and prices/availability of Offerings described or depicted on the Sites,
or any Offerings offered through the Sites)—at any time without notice to you. In addition, the Sites (including
the Content) may contain typographical, pictorial and/or other errors, deficiencies, or inaccuracies and may not
be complete, correct, reliable, useful, suitable, accurate, timely, or current. We assume no responsibility for
any such errors, deficiencies, inaccuracies, or omissions on any of the Sites (including the Content) and do not
guarantee that they will be corrected. We reserve the right to (i) discontinue any stated offer, (ii) delete,
change or update prices, promotions, offers, discounts, savings, product and/or service descriptions or
specifications, or other information, with no further obligation to you, even after your receipt of an order
confirmation from us, and (iii) delete, change or update the Content or any program offered through the Sites at
any time without prior notice. In the event of an error involving product pricing, selection, availability, or
the terms of an offer, changes will take effect upon posting of the updated information on the applicable Site,
unless otherwise noted.
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34. Entire Agreement.
These Terms set forth in this These Terms and any other terms and conditions incorporated by reference or to
which a link is provided in these Terms, as well as any other terms and conditions posted to any specific
component of the Sites with which you engage, shall be the sole terms of the agreement between you and Company
regarding your access to and/or use of the Sites.
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35. Questions or Requests for Information.
If you have any questions about these Terms or requests for additional information, please call our Customer
Support Center line toll-free at (877) 276-9637, or send us an email at webcomments@albertsons.com or a letter at the following mailing
address:
Customer Support Center
Albertsons Companies, Inc.
M/S 10501 P.O. Box 29093
Phoenix, AZ 85038-9093
II. The Online Ordering Services Terms
1. The
Online Ordering Services Terms Apply to Online Orders.
2. You
Must Be 18 Years Old or Older to Order
3. You
Must Create an Account for the Online Grocery Ordering Service
4.
Additional Disclaimers
5.
Placing an Order in the Online Grocery Ordering Service
6.
Product Pricing, Fees and Other Charges
7.
Availability of Promotional Offers and Coupons on the Online Grocery Ordering Service
8.
Delivery/Pickup Options
9.
Unfilled or Partially Filled Orders
10.
Online Grocery Ordering Service Satisfaction Guarantee
11.
Using the Catering Order Service
12.
Notice to California Customers
13.
Notice to North Carolina Customers
14.
Entire Agreement
15.
Questions or Concerns Regarding the Online Grocery Ordering Service, Catering Order Service or Your Account
The Online Ordering Services Terms - Additional Terms Applicable to Users Who Place Online Orders
1. The Online Ordering Services Terms Apply to Online Orders.
These Online Ordering Services Terms, in addition to the Terms, apply to users who order Offerings from Company
or products from Seller (as defined below) through the Online Grocery Ordering Service for delivery or pickup,
where we offer such Offerings. Certain third-party sellers ("Sellers") operate storefronts and sell products
through a third-party seller hub on the Online Grocery Ordering Service (the "Safeway Marketplace"). If you
purchase any Seller(s) products via the Safeway Marketplace, you are purchasing directly from those Sellers, not
from Company. We are not responsible for examining or evaluating, and we do not warrant, the offerings and/or
products of any of these Sellers (including the content of their sites). To the fullest extent provided by
applicable law, Company has no responsibility or liability for any Seller, their products, or representations.
Company does not assume any responsibility or liability for the actions, product, and/or content of or for any
of these Sellers.
The Online Grocery Ordering Service may be accessed through our Sites; please note, however, that certain
features available on a Company website for the Online Grocery Ordering Service may not be accessible via the
mobile App and vice-versa. In addition, portions of these Online Ordering Services Terms apply to users who
order Special Order Items, such as deli platters, custom cakes and bakery items, or holiday meals, from certain
stores that have implemented a separate Catering Order Service specifically for Special Order Items. These
Online Ordering Services Terms do not apply to purchases you make as a shopper at any of our physical stores or
to our in-store promotions, programs, and offers (e.g., Monopoly Game), which may not be available to our Online
Grocery Ordering Service customers.
If you place an order for Offerings via any third-party website or mobile application, whether or not we direct
you to the third-party site or application, you will be subject to the terms and policies posted by that third
party service provider and we are not responsible for the terms, policies, actions or inactions of that third
party service provider. If you access the third party's site or application to place your order, your order will
be subject to the terms, policies, actions, or inactions of such third party.
References on our Sites to any names, marks, Offerings, or services of third parties, or links to third-party
sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its
information, Offerings, or services. Company is not responsible for the content of any third-party linked site
or any link contained in a linked site, including any third-party social media or mobile app platform with which
our Sites operate or otherwise interact, nor is Company responsible for the acts or omissions of any operator of
any such site or platform. Your use of any such third-party site or platform is at your own risk and will be
governed by such third party's terms and policies (including its privacy policy).
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2. You Must Be 18 Years Old or Older to Order.
You must be age 18 or older and a resident of the United States in order to use either the Online Grocery
Ordering Service or the Catering Order Service; provided, however, that you must be 21 or older to accept
delivery/pickup of any alcoholic beverages, tobacco, and/or other age-restricted Offerings.
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3. You Must Create an Account for the Online Grocery Ordering Service.
To use the Online Grocery Ordering Service, you must create an Account, as provided in the Terms. Please note, if
your Online Grocery Order includes a Seller or other third-party service provider (such as last-mile delivery
provider), the personal information necessary will be disclosed to that party for the purpose of fulfilling your
order. Company may use third party service providers to perform Offerings at its discretion, with no notice to
you.
During the registration process, you may be asked to provide information (or confirm information that auto-fills)
about your participation in Company Loyalty Programs, such as a whether you have a club card or telephone number
you already use in-store to receive Offering price discounts or accrue rewards program benefits. If this
information is provided during the registration process, any loyalty benefits that you may earn on orders placed
online, such as rewards points that can be redeemed for gas or groceries, or discount offers based on your
shopping behavior, typically will be available when using that Company Loyalty Programs card or telephone number
in-store and vice-versa. If you are participating in an existing Company Loyalty Program at the time you
register for an Account in the Online Grocery Ordering Service, but such information is not filled in, the
Online Grocery Ordering Service will assign the Account a virtual Company Loyalty Programs number. This virtual
Company Loyalty Programs number will enable you to receive Offering price discounts available to participants in
Company Loyalty Programs if and when those discounts are provided through the Online Grocery Ordering Service.
However, other benefits that may be earned for orders placed online, such as rewards points ordinarily
redeemable for grocery or gas rewards, will not be available when using your existing Company Loyalty Programs
number in-store.
In addition, in some areas, different Company banners will partner with each other to deliver online orders. In
those cases, the pricing, rewards programs and discounts applicable to your order placed through the Online
Grocery Ordering Service will be that of the Company banner fulfilling the order. You may apply for the
partnering banner's Company Loyalty Programs for use with your Online Grocery Ordering Service Account. For
questions or assistance regarding Company Loyalty Programs when using the Online Grocery Ordering Service,
contact Customer Service line toll-free at (877) 505-4040.
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4. Additional Disclaimers.
Important: In addition to the disclaimers set forth in the Terms and solely except as set forth in our
Satisfaction Guarantee in Section 10 of these Online Ordering Services Terms, the Online Grocery Ordering
Service and Catering Order Service are provided on an "as is" and "as available" basis, without warranties
of any kind, and to the fullest extent permitted under applicable law, Company disclaims any and all
warranties, express or implied, including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose and non-infringement, with respect to the Online Grocery Ordering Service
and Catering Order Service, any Offerings or Special Order Items purchased through the Online Grocery
Ordering Service or Catering Order Service, and any delivery or pickup service. Company does not warrant
that the Online Grocery Ordering Service or Catering Order Service will be uninterrupted or error-free, that
defects will be corrected, or that the Online Grocery Ordering Service or the Catering Order Service will be
free of viruses or other harmful components. Company does not make any representations or warranties
regarding the access to or use of, or the results of the access to or use of, the Content on the Online
Grocery Ordering Service or Catering Order Service in terms of their correctness, accuracy, validity,
completeness, usefulness, timeliness, suitability, reliability, or otherwise. Applicable law
may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.
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5. Placing an Order in the Online Grocery Ordering Service.
(a) You Must Make a Minimum Purchase. The minimum purchase amount shown in the Online
Grocery Ordering Service must be met to place an order. The minimum purchase amount is shown as the "Subtotal of
All Items" (which we refer to as the "Subtotal" of the order in these Online Ordering Services Terms), and is
the sum total of the order calculated from the quantities and online prices for the Offerings selected, but
excluding all other charges, fees and discounts, such as any applicable taxes, service or delivery fees, bag
fees, bottle/container deposits, promotional discounts not reflected in the online prices for the Offerings, and
in certain jurisdictions alcoholic beverages, tobacco and fluid dairy Offerings. In addition, certain offers may
specify a potentially different minimum purchase amount to receive a discount. In those cases, the Subtotal of
All Items, minus certain Offerings such as alcoholic beverages, tobacco and fluid dairy must equal the stated
minimum, in order for you to receive the discount or all of these disclaimers may not apply to you. We may
change the minimum purchase amount at any time, without notice to you.
(b) We May Limit Quantities. We reserve the right to limit the quantity of any
particular Offering ordered in our discretion, including without limitation, due to inventory control or other
reasons. Offering availability is subject to the inventory on hand and may vary geographically or change without
notice. Please note that we reserve the right to source the Offerings from any of our stores in any location (or
the stores of any of our affiliated companies or Sellers in any location).
(c) You Agree to Pay for Your Order. By submitting an order via the Online Grocery
Ordering Service, you offer to purchase the Offering(s)specified in your order. We will send you an electronic
confirmation that your order has been received and the offer accepted, subject to our final confirmation of
Offering availability and price; however, we also reserve the right to cancel your order, in whole or in part,
at any time in our sole discretion, and to refuse to provide delivery/pickup service for any order, in whole or
in part. Subject to the foregoing, if your order is accepted by Company, and not cancelled prior to delivery,
Company will provide the Offering(s) ordered in return for your payment and deliver the ordered items to the
delivery address or pickup location you designate in your order, subject to the provisions of the Terms and
these Online Ordering Services Terms.
(d) We Accept Major Credit and Debit Cards and Certain Other Payment Methods. You must
select one of the payment methods identified in the Online Grocery Ordering Service and provide accurate and
complete information for us to charge your payment method for orders you place. By providing payment card
information, you consent to and authorize storage of your card data (name, credit/debit card number, expiration
date) for purposes of future online transactions, all transactions made via the Sites and the Company charging
your selected payment method in the amount of each such transaction. Order processing will not occur until
authorized. When processing credit or debit card payments, we will run a temporary pre-authorization hold. Your
bank may take up to 5 business days after delivery/pickup to release the hold and display your final charge.
In addition to major credit and debit cards, we accept Electronic Benefit Transfer (“EBT”) as a method of
payment, which is a PIN-based transaction. Upon entry of the correct PIN, we assume the person entering the PIN
is authorized to make SNAP and/or EBT Cash purchases with the card used for SNAP or EBT Cash payment at our
Sites. When you enter EBT card details, we will store a tokenized version of your card number for future
transactions. You may choose to not have your EBT card number stored by unchecking the box.
Only one EBT card may be associated with your account number pursuant to United States Department of Agriculture
("USDA"), Food and Nutrition Service ("FNS"), Supplemental Nutrition Assistance Program ("SNAP") regulations.
SNAP benefits may not be used to pay for any items or charges that are non-SNAP eligible. Non-SNAP eligible
charges include, but are not limited to, tips, delivery fees, service fees, ordering fees or convenience fees
that may apply to online orders while using the Site. For complete details on what are eligible items using SNAP
funds, go to https://www.fns.usda.gov/snap/eligible-food-items.
EBT Cash may be used the same as cash to pay for SNAP eligible items, non-SNAP eligible items, fees, other
charges, and taxes, as permitted by the laws of your state. Several states have laws placing restrictions or
prohibitions on the use of EBT Cash. Please consult your state's EBT guidelines on what may be purchased using
EBT Cash.
Customers who use EBT as a form of payment may choose to allocate how much in funds to apply across SNAP, EBT
Cash and other payment types. Customers who have a valid EBT card number saved as a payment type with us are not
subject to meet minimum dollar amounts in order to checkout. The maximum amount applied to SNAP is limited to
the SNAP-eligible total amount of the order, or the account holder’s balance, whichever is the lower. If your
order is canceled after your EBT card has been debited, we will promptly issue a refund back to the EBT account
type you used, and you will receive an email notification within twenty-four (24) hours of the cancellation
event.
Because random weight items (such as meat and produce) may vary in weight and price, in accordance with the SNAP
Online Purchasing Pilot guidelines, we apply a 10% surcharge at checkout on such items. At the day and time your
order is fulfilled and processed, if the actual price of the random weight item is less than what you paid at
checkout when you placed the order with the surcharge, we will refund the difference to you.
You represent and warrant to Company that your use of your selected payment method(s) for Online Grocery Ordering
Service transactions is authorized and legal. It is your responsibility to promptly notify your bank, financial
institution, or other responsible party of any changes to your billing information, or the loss, theft, or
unauthorized use of your payment method. You are responsible for updating your payment information with Company
whenever it is no longer current/accurate.
(e) Your Total at Checkout Is an Estimate. The dollar amount displayed prior to order
completion is only an estimate, based on Offerings selected and prices at the time of ordering, and estimated
product weights for certain Offerings in your order, as adjusted by some (but not all) potentially applicable
additional charges and fees and potentially applicable discounts and other deductions (collectively, the
"Estimated Total"). The actual amount that you will be charged for the order will be based on the
prices, charges, fees, offers, promotions, programs, coupons, discounts, and deductions applicable to the
order at the time of online checkout, regardless of the date of the scheduled
delivery/checkout (collectively, the "Final Total"). The Final Total cannot be determined
until the day and time the order is sourced and processed for multiple reasons, including without limitation:
(i) the availability of the Offerings selected and the need to substitute different priced Offerings cannot be
confirmed until the day and time that they are prepared for delivery/pickup, (ii) Offering weights and prices,
as well as available promotions, may vary between the date you submit the order and the date and time that the
order is prepared for delivery/pickup, and (iii) certain charges, such as any applicable taxes, bottle deposits,
and bag charges, cannot be determined until the order is prepared for delivery/pickup. In addition, even though
we make an effort to describe and display our Offerings accurately on the Sites, Offerings on the Site may be
mispriced, described inaccurately, or unavailable and we may experience delay in updating information on the
Sites and in our advertising on the Sites. The Final Total that you will be charged for your order
upon sourcing and processing likely will not equal exactly the Estimated Total.
(f) When the Final Total Is Due. Your payment of the Final Total amount for each
order, including all applicable fees, taxes, and charges, will be charged as part of the order sourcing and
processing procedure, but in any event is due no later than when the order is delivered or picked up. Company
will charge the Final Total amount for the order to the payment method you selected during the order submission
process. You authorize Company to make and collect such payment and charge. You acknowledge that if we cannot
collect the charge for any reason, we may elect to turn the matter over to a collection agency.
(g) Changing or Canceling Your Order. Typically, you may cancel or change your order
made on the Online Grocery Ordering Service up until the date and time noted in the Online Grocery Ordering
Service. This ability may be suspended during times of high volume or for other reasons to facilitate the proper
functioning of the Online Grocery Ordering Service and our business operations. All times listed are in the
local time zone for your specified delivery/pickup location, regardless of the time zone you might be in when
placing the order. Note that any changes you may make to orders may affect whether your order continues to
qualify for the same prices, discounts, promotions, or Promo Code Deals as your original order. If your changed
order will qualify for a Promo Code Deal that your original order did not and you are unable to enter the Promo
Code during the Order Edit process, make a note of the Promo Code Deal(s) and call our Customer Service line
toll-free at (877) 505-4040 after your order is delivered/picked up, if the discount has not been applied. You
may also change the delivery/pickup day and time after submitting your order, subject to order cut off times and
the availability of your desired delivery/pickup time at the time you request a change. This ability may be
suspended during times of high volume or for other reasons to facilitate the proper functioning of the Online
Grocery Ordering Service and our business operations. Please note that changing your delivery/pickup date, if
allowed, may affect Product prices and availability, as well as the availability of certain offers, discounts,
and promotions.
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6. Offering Pricing, Fees and Other Charges.
(a) Prices, Fees and Other Charges.
(1) Online Prices. Prices for Offerings you order for delivery or pickup through the Online Grocery
Ordering Service may be higher than the prices for such Offerings in our physical
stores. Pricing may differ depending on the fulfillment method you select, e.g., delivery,
pickup, rush delivery. In addition, in some locations, order fulfillment and delivery may be provided by another
of the Company's banners or affiliates or an independent third party service provider that provides selection
and/or delivery services to consumers. In those cases, the availability, fees, and pricing of the partnering
banner may apply to your order. For Offerings sold by weight, a representative cost per unit may be used to
calculate the Estimated Total. The actual cost will be determined when the order is prepared for pickup or
delivery and that cost will be reflected in the Final Total, which may be higher or lower than the estimate.
Offerings offered with a price discount for participants in Company Loyalty Programs online may differ from
Offerings offered with such a price discount in our physical stores.
(2) Delivery Fees. We charge a non-refundable delivery fee on all delivery orders
through the Online Grocery Ordering Service, unless expressly stated with a particular order, which will be
included in both the Estimated Total for your order and the Final Total charged for that order. A delivery fee
helps operate our fleet of trucks that transports your order from our store to your delivery address (or in the
case of Safeway Marketplace, helps our Sellers to deliver products directly to you). From time to time, we may
waive or provide discounts off our regular delivery fees for certain delivery times, which you may obtain by
selecting such delivery time. We may also make other discounts available in certain locations via a Promo Code,
in which case, you must enter the required Promo Code when you place your order and your order must meet any
conditions of the offer, such as a minimum purchase amount. Service fees still apply. Promo Code offers for
discounted or free delivery/pickup orders are not valid in Lake Powell. In some locations, we may also offer a
subscription to delivery services on a recurring monthly or annual fee-paid basis, which may reduce or eliminate
delivery or delivery and service fees on individual orders. The delivery fee does not constitute a tip to the
delivery person.
(3) Service Fees. We may charge a non-refundable service fee on all delivery/pickup
orders through the Online Grocery Ordering Service, which will be included in both the Estimated Total and the
Final Total for the order. A service fee helps operate our in-store processes for picking and preparing online
orders, as well as operate our online processes and platforms. The service fee does not constitute a tip to the
delivery person.
(4) Governmental Fees and Taxes. In addition to the fees and charges stated above, all
governmental fees and taxes, including without limitation, sales tax, sweetened beverage taxes, bottle and
container deposits, bottled water charges, and bag fees, which apply to your order will be included in the Final
Total amount.
(5) Tax Exempt Orders. The Online Grocery Ordering Service cannot verify documentation
that certain organizations may normally present during in-store transactions to avoid the collection of sales
tax due to their nonprofit nature.
(6) Fee Changes. Company reserves the right to add, delete or change any fees or other
charges applicable to the Online Grocery Ordering Service at any time.
(b) Price Changes. Please note that Offering prices are subject to change without
notice and may vary geographically.
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7. Availability of Promotional Offers and Coupons on the Online Grocery Ordering Service.
(a) Promotional Offers. Discounts available through some, but not all, promotional
offers will appear in your Estimated Total at checkout. However, all discounts for which your order is eligible
will be reflected in the Final Total for such order. Note that to be eligible for ‘for U™ Program’ promotions,
you must have provided/confirmed information about your participation in the for U™ Program at the time you
registered for your Account or through Customer Service. In addition, some for U™ Program promotions are valid
in a limited geographic area and the store fulfilling your order may not fall within the applicable zone, in
which case, you will not receive affected for U™ Program offers. To be eligible for promotions that require
entry of a Promo Code, you must have entered the applicable Promo Code. To be eligible for promotions that
require a minimum purchase amount, you must have met the minimum purchase amount. Note that some items are
excluded from the calculation of the minimum purchase, such as alcoholic beverages, tobacco, and fluid dairy.
All promotional offers are valid through their stated expiration dates, may be limited to specific quantities,
are valid while supplies last and are limited to quantities on hand. You agree to abide by the terms and
conditions of any promotional offer and acknowledge that circumvention of the terms and conditions of any such
offer (including without limitation, opening multiple Accounts) constitutes an unauthorized or fraudulent act.
You will be liable for damages caused by any such unauthorized or fraudulent act, and Company reserves the right
to charge the payment method in your Account an amount equal to such damages.
(b) Coupons. We do not accept printed coupons for orders through our Online Grocery
Ordering Service. Where our for U™ Program is offered, we do accept for U™ Program digital offers that you have
uploaded to your Account, within the geographic zone to which the offer is applicable. Digital coupons other
than ones obtained through the for U™ Program may not be used in the Online Grocery Ordering Service. Applicable
for U™ Program digital coupons will be applied to your order on the day of delivery/pickup, provided you
provided or confirmed information about your participation in for U™ Program when you registered for your
Account or through Customer Service. For questions or assistance regarding Company Loyalty Programs when using
the Online Grocery Ordering Service, contact Customer Service line toll-free at (877) 505-4040.
(c) Variations in Availability of Promotional Offers, Coupons, Etc. Offers,
promotions, programs, coupons, discounts, and deductions applicable to Offering purchases at our physical stores
in some cases may not apply to orders through the Online Grocery Ordering
Service, and vice versa. Similarly, some promotions, discounts, and offers are valid in a
limited geographic area and the store fulfilling your order may not fall within the applicable zone, in which
case, you will not receive affected promotions, discounts, or offers.
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8. Delivery/Pickup Options.
In locations where delivery or pickup service is offered, one or more fulfillment options may be available. The
fulfillment options that are available to you will be displayed in the Online Grocery Ordering Service. We may
add, modify, or discontinue any delivery, pickup, and/or other fulfillment services at any time, or increase or
decrease features related thereto, with or without notice. In addition, in some cases, we may transfer your
order to be fulfilled or delivered by a third party fulfillment partner. Please note, pickup and/or delivery
options may be available through third-party platforms, websites, applications, or marketplaces, and in some
cases, we may direct you to the third party’s website to place your order. If you place an order for Offerings
via any third-party website, marketplace, platform, or application (collectively, "third party sites"), whether
or not we direct you to the third-party site or application, or otherwise use any services provided by a third
party, you will be subject to the terms and policies posted by that third party service provider and we are not
responsible for the terms, policies, actions or inactions of that third party service provider. Company does not
assume any responsibility for the (i) content of, (ii) technology implemented by, or (iii) privacy practices of
third party sites and all use is at your own risk. You should review the privacy policy and terms of use for
each third party site and confirm they are acceptable prior to registration on or use of the site. Links to
third party sites do not imply endorsement of the sites by Company. In no event shall Company be liable,
directly or indirectly, to anyone for any loss or damage arising from or occasioned by the use of the linked
sites or the information or material accessed through such sites including, without limitation, any incidental,
special, or consequential damages of any kind whatsoever, attorneys' fees and lost profits or savings.
(a) Delivery/Pickup Service Times. Available delivery or pickup dates and times, and
associated fees, delivery/pickup offers and promotions, will be shown during the ordering and checkout process.
Times are available on a first-come, first-served basis.
(b) Ordering Deadlines. The date and time by which you must place your order for the
type of service and delivery/pickup time you have selected will be shown in the Online Ordering Grocery Service.
Note that cut-off times for different fulfillment methods, for example delivery, pick up, rush delivery, may
differ. Cut-off times may vary by Offering and by store location. All times are listed in the local time zone
for your specified delivery or pickup location, regardless of the time zone you might be in when placing the
order. Special Order Items, such as a deli platter or custom cake, which are ordered less than 24 hours prior to
planned pick up or delivery are not guaranteed. You may contact our Customer Service line toll-free at (877)
505-4040 to learn if your request can be accommodated.
(c) Responsibility for Delivery Address. We will deliver your order to a single
delivery location you designate that is within the applicable delivery zone serviced by Company. You are
responsible for verifying that the delivery address is correct, current, and accessible to our delivery drivers.
We have no liability for orders that cannot be delivered due to address error or inaccessibility. You are
responsible for verifying that the delivery location is one that is permitted to receive deliveries of the type
of Offerings you purchased through the Online Ordering Grocery Service.
(d) Picking Up a Pickup Order. Your order confirmation will include instructions about
where to go to pick up your order. Plan to pick your order up at your selected time on the day it is ready for
pickup. Any pickup orders not claimed by 8 PM local time on the day they are ready for pickup will be canceled
and the Offerings restocked. We reserve the right to charge a restocking fee for orders that are restocked. We
reserve the right to request that valid (non-expired, government issued) photo identification, the credit card
used to place the applicable order, or other personal information be provided and/or presented to the store
attendant upon arrival to the designated pickup location for verification purposes. If you send a person other
than the individual whose name is on the order to pick up a pickup order, the person must either be designated
in your order or from your household, and you consent to them receiving a copy of your receipt, if a receipt is
provided by a store attendant. All information provided is subject to our Privacy Policy.
(e) Receiving a Delivery or Pickup Order. Someone over the age of 18 must be present
to accept delivery or pickup orders. If your order contains alcoholic beverages, tobacco, and/or other
age-restricted Offerings, someone over the age of 21 must be present to accept and/or sign for delivery or
pickup. By placing an order through the Online Grocery Ordering Service or the Catering Order Service, you
represent and warrant to us that a person age 18 or older, or age 21 or older in the case of orders containing
alcoholic beverages, tobacco, and/or other age-restricted Offerings, will be present to receive the order,
whether it be delivered or picked up. Valid (non-expired, government issued) identification confirming the
identity and age of the person accepting and signing for the delivery or pickup order will be required,
regardless of age, where age-restricted Offerings are in the order. The Offerings will be retained by the
delivery driver or by the store attendant for pickup orders, unless someone over the required minimum age is at
the delivery address when the delivery or pickup is attempted. You may contact our Customer Service line
toll-free at (877) 505-4040 to arrange for re-delivery or to reschedule pickup of any Offerings retained in
accordance with the foregoing. Please note that we may charge you an additional fee, or we may elect not to
fulfill your request and cancel the order for the Offerings retained. We reserve the right to charge a
restocking fee for orders that are restocked. We are now practicing contact-free social distancing for delivery
and pickup, except in the case. If there are no age-restricted items in your, the delivery driver will leave
them at your doorstep. Albertsons Companies is not responsible for the times in your order once bags are left on
your doorstep, including without limitation, any theft, spoilage, or damage. To maintain the integrity of your
items, we recommend that you refrigerate or freeze perishable items upon receipt.
From time to time, certain Company banners and store locations may offer in-home delivery of items ordered
through the Online Grocery Ordering Service of the Catering Ordering Service. If you place an order for in-home
delivery of Offerings, you are: (i) authorizing Company, its employees, or its independent contractors,
(“Delivery Personnel”) to access and enter your home in the manner you designated at time of order or via
communication with Company or Delivery Personnel for the purpose of delivering your order, and (ii) confirming
that you have the right to authorize Delivery Personnel to access and enter your home as you have designated.
Company reserves the right to decline to deliver your products in its sole discretion. You represent and warrant
that your home will be safe and free of any hazards. You represent and warrant that you will make any and all
other occupants within the home aware that an in-home delivery will be performed, and that Delivery Personnel
are authorized to enter the home. You are responsible for compliance with the Terms and these Online Ordering
Services Terms by other occupants within the home. You agree that you will contain any and all pets during any
such in-home delivery.
(f) Unattended Delivery. Where available, this option may not be used for any orders
containing alcoholic beverages, tobacco, and/or other age-restricted Offerings. If you select this option, the
delivery driver will leave the Offerings in your order at your doorstep, in which case unrestricted access to
your doorstep is required.
(g) Responsibility for Items After Delivery/Pickup. Company is not responsible for the
Offerings in your order once they are picked up or delivered, including without limitation, for any theft,
spoilage or damage. To maintain the integrity of Offerings after pickup or delivery, we recommend that you
refrigerate or freeze perishable Offerings as soon as possible after pickup/delivery but no more than one hour
after pickup/delivery.
(h) Inclement Weather or Unforeseen Complications. In the case of inclement weather or
unforeseen delivery or pickup complications, it may be necessary to make adjustments to our delivery or pickup
schedule which cause us to suspend chosen delivery or pickup dates and times. If there will be a significant
delay in delivering or preparing your order for pickup, we may (but are not obligated to) call, email or text
you to let you know the status of your order. If your designated delivery location is inaccessible on the date
and time specified for delivery (such as due to a street closure or other complications), we will provide you
with a full refund of your order. We will have no liability for any delay in delivery or pickup orders.
(i) No Other Offerings. Neither our delivery driver nor the store attendant assisting
you with your pickup order are able to supply, retrieve or purchase on your behalf any Offerings that you did
not order when placing your order. That said, you are welcome to enter into a store location to purchase
additional products or place an additional order for a later pickup or delivery.
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9. Unfilled or Partially Filled Orders.
(a) No Liability. Please note that Company is not liable to you or to any other person
or entity on whose behalf you place an order if we are unable or unwilling to supply a particular Offering or
quantity, in whole or in part, in your order.
(b) Product Availability; Substitutions. Availability of any Offering is subject to
change at any time without notice and we cannot confirm the availability of an Offering until after your order
is placed. In the event any Offering you have ordered is unavailable, we may elect to complete and fill the
remainder of your order in accordance with your substitution preference selected at the time you placed (or
modified) your order. Within your cart, under “Item Preferences,” you have the option to decide if you want any
substitutions. Your receipt will indicate if substitutions are made. You will not be charged for Offerings
unavailable at the time of delivery or pickup. If Offerings you paid for are missing from your order, you will
be refunded according to the terms of subsection (c) below. With certain product exceptions, if you are not
satisfied with the substituted Offering, you can return it for a full refund with the driver or Store Associate
at the time of delivery or pickup or by contacting our Customer Service line toll-free at (877) 505-4040 within
seven days after the date of your order delivery or pickup of the substituted Offering. Company is not obligated
to deliver Offerings that are unavailable at the time of delivery or pickup or return to deliver Offerings or
make Offerings available for pickup that were missing from an order.
(c) Missing Offerings. If any item in your order you have paid for is missing from the
Offerings received, you have 48 hours from the time of delivery or pickup to contact our Customer Service line
toll-free at (877) 505-4040 for a full refund of the amount charged for such item, which will be issued to the
payment method used to place the order or at your option, as a credit on account that will be applied to your
next order. Refunds may not be given for any Offerings missing from your order after the expiration of the
48-hour window.
(d) No Returns of Certain Offerings. Certain Offerings, such as alcoholic beverages,
tobacco, and/or other age-restricted Offerings, as well as baby formula, cannot be returned or refunded once you
have accepted delivery or picked up your order.
(e) No Rain Checks. All Offerings and items available through our Online Grocery
Ordering Service are limited to quantities on hand. We do not issue rain checks through the Online Grocery
Ordering Service or accept rain checks issued by any of our physical stores (or the physical stores of any of
our affiliated companies) for any Offerings or items ordered through the Online Grocery Ordering Service.
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10. Online Grocery Ordering Service Satisfaction Guarantee.
(a) Satisfaction Guarantee – Offerings. If you are not satisfied, for any reason, with
any item, except those noted below, that you purchase through the Online Grocery Ordering Service, you can
return it for a full refund or credit on account so long as you notify the driver upon delivery of your order
(or the store attendant upon pickup of your order) or you contact our Customer Service line toll-free at (877)
505-4040 within seven days after the date of your order delivery or pickup of the item (through delivery or
pickup). Note that certain items, including baby formula, alcoholic beverages, and tobacco products cannot
be returned or refunded once you have accepted delivery or picked up your order. For any such qualifying refund,
we will issue a credit to the payment method used to purchase the item or, at your option, you may receive a
credit on account that will be applied to your next order. Please note that this satisfaction guarantee does not
cover damage caused by improper use, or storage, or accidents after delivery or pickup, or any ordinary wear and
tear on durable goods. You may have certain rights under applicable manufacturers' warranties (if any).
(b) Satisfaction Guarantee – Delivery/Pickup Service. If you are not satisfied, for
any reason, with our delivery or pickup service for a particular order, contact our Customer Service line
toll-free at (877) 505-4040 within seven days after the date of the delivery or pickup. At our discretion, we
may issue a credit to the payment method used to pay for the order or, at your option, issue a credit on account
that will be applied to your next order.
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11. Using the Catering Order Service.
Where available, to use the Catering Order Service, you may be required to set up an Account, as provided in the
Terms.
(a) Offer and Acceptance. By submitting an order through the Catering Order Service
(i.e., by clicking "Complete Order"), you offer to purchase the Special Order Item(s) specified in your order.
Company may accept or reject your offer, at its sole discretion. If accepted, we will send you an electronic
confirmation that your order has been received and the offer accepted, subject to our final confirmation of
Special Order Item availability and price; however, we also reserve the right to cancel your order, in whole or
in part, at any time in our sole discretion. Subject to the foregoing, if your order is accepted by Company, and
not thereafter cancelled, Company will provide the Special Order Item(s) ordered in return for your payment,
subject to the provisions of these Terms.
(b) Special Order Item Quantity Limits. We reserve the right to limit the quantity of
any particular Special Order Item ordered at our discretion, including without limitation due to inventory
control, time or labor needed to prepare Special Order Items, or other reasons. We will endeavor to contact you
via the contact information provided during the checkout process prior to canceling the order or preparing a
reduced number of Special Order Items.
(c) Order Deadlines and Pickup Times. Special Order Items generally require 24 hours
to prepare. The ordering page will display the next available pickup time for the Special Order Item(s) you wish
to order. If you require a Special Order Item prior to the time shown, you may contact the store directly to
learn if your request can be accommodated. Otherwise, you will be prompted to select an available pickup time at
checkout.
(d) Order Cancellations or Changes Initiated by You. You may only cancel or change
your order made on the Catering Order Service by contacting the store with which you placed the order by
telephone before the store has acted on your order. If the store has commenced preparation of your order, it
cannot be cancelled or changed.
(e) Payment. Payment is due for Special Order Items at the time of pickup and is paid
for in-person in the store at the time of pickup, unless otherwise provided in the Catering Order Service.
(f) Allergy Disclaimer. Our Special Order Items may contain wheat, egg, dairy, soy or
fish allergens or may have been prepared in a facility that uses wheat, nuts, soy and milk.
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12. Notice to California Customers.
Our Customer Service line can be reached toll-free at (877) 505-4040, between 8:00 am and 9:00 pm Pacific Time,
seven days a week (except for major holidays and/or other days specified each year). For a description of the
fees and charges to use the Online Grocery Ordering Service, please refer to Section 6 of these Online Ordering
Services Terms. If you have a complaint regarding the Online Grocery Ordering Service or the Catering Order
Service, please contact us on our Customer Service line toll-free at (877) 505-4040. For your reference, the
Complaint Assistance Unit of the Division of the Consumer Services of The Department of Consumer Affairs may be
contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
You may have elected to receive substitute item(s) if your selected item(s) is/are unavailable at the time your
order is filled. As a California resident, you are entitled to notice when an item contains a chemical, listed
by and known to the State of California, to which exposure at a significant risk level can increase the risk of
cancer and/or to be a reproductive toxicant. In instances where your selected item did not require said notice,
but you receive a substituted item that includes a Proposition 65 warning, we are not able to pass that notice
to you prior to your purchase of the item. If you receive a substituted item requiring a warning but the
originally purchased an item did not require us to provide you with a warning, and you do not wish to keep such
substituted item(s), you may decline to accept the item(s) or you may return it to our store for a full refund.
If you do not agree to the above conditions, you may also change your election and decline to receive Offering
substitutions. For information about Proposition 65, go to www.P65Warnings.ca.gov .
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13. Notice to North Carolina Customers.
By using the Online Grocery Ordering Service, you are affirmatively consenting and have not withdrawn your
consent to completing your grocery transaction by electronic means. You may withdraw this consent by not
completing the grocery order online, however, we cannot deliver groceries (or prepare an order for pickup, where
that service is offered) unless the order is completed online. You have the right to receive a paper record of
your transaction. The paper copy will be delivered with your order, or you may request a replacement copy within
30 days by contacting our Customer Service line toll-free at (877) 505-4040, between 8:00 am and 9:00 pm local
time, seven days a week (except for major holidays and/or other days specified each year). You can update your
contact information at any time by accessing your Online Grocery Ordering Service Account profile.
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14. Entire Agreement.
The terms set forth in these Online Ordering Services Terms, along with the terms set forth in the Terms above,
the terms of any order you may submit through the Online Grocery Ordering Service, the Catering Order Service,
and any other Company terms to which a link is provided in these Terms, shall be the sole terms of the agreement
between you and Company regarding your use of the Online Grocery Ordering Service or Catering Order Service.
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