Last updated: September 2012
Topco Associates LLC (“Topco”, “we”, “our” or “us”) administers and operates Shop.Foodcity.com (sometimes referred to herein as the “site” or “Food City”). Welcome to our shopping site. If you visit or shop at Food City, you accept these conditions. Please read them carefully. In addition, when you use any current or future service or business (e.g., Your Profile, Gift Cards) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
When you visit our site, send e-mails to us, or use live chat, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of us or our content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is our exclusive property and protected by U.S. and international copyright laws. All software used on this site is the property of Topco or its software suppliers and protected by United States and international copyright laws.
In addition, Shop.FoodCity.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Food City, Inc. (“Food City”) in the U.S. and/or other countries. Food City's trademarks and trade dress may not be used by you or any third party without the prior written consent of Food City. All other trademarks not owned by Food City that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Topco or Food City.
LICENSE AND SITE ACCESS
Topco has been granted a limited license to Food City’s trademarks and trade dress for the limited purpose of administering and operating the site. Topco grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Topco and Food City. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Topco and Food City. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Topco and/or Food City without the express written consent of Topco and Food City. You may not use any meta tags or any other "hidden text" utilizing Food City's name or trademarks without the express written consent of Food City. Any unauthorized use terminates the permission or license granted by Topco and/or Food City. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the site so long as the link does not portray Food City, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Food City logo or other graphic or trademark proprietary to Topco or Food City as part of the link without the express written permission of Topco and Food City.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Food Citydoes sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Shop.FoodCity.com only with involvement of a parent or guardian. Topco and/or Food City reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at any time and in their sole discretion.
AGE RESTRICTED PRODUCTS (E.G., ALCOHOL, VIDEO GAMES, ADULT CONTENT ITEMS)
We do not sell age restricted products to those customers under the legal age necessary to purchase the item. By using this site you swear and affirm that you are over the required age to purchase the item. We make every effort to ensure that items are not delivered to anyone who is under the legal age to purchase them. By using this site you are acknowledging that the person receiving a shipment is over the legal age for the all items in the shipment. You also agree that any alcohol purchased from Food City is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide an underage person a product that they are not legally allowed to possess or purchase, We will prosecute you fully to the extent allowable by law.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We and/or Food City reserve(s) the right (but not the obligation) to monitor, remove and/or edit any such content at any time and in our sole discretion. If you do post content or submit material, and unless we indicate otherwise, you grant us and Food City a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and Food City and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us and Food City and our subsidiaries and affiliates, and each of our respective officers, directors, shareholders, members, managers, employees and agents, for all claims resulting from content you supply. We and Food City have the right, but not the obligation, to monitor, remove and/or edit any activity or content at any time in its sole discretion. We and Food City take no responsibility, and assume no liability for, any content posted by you or any third party.
RISK OF LOSS
All items purchased from Food City are shipped pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the shipping carrier.
We attempt to be as accurate as possible. However, We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product you purchase and receive shipment of is not as described on the site, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our site represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set as if packaged and sold individually. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by Food City, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion and without liability, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We provide links to the sites of affiliated companies and certain other businesses . We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Topco and Food City do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and/or policies, and other terms and/or conditions of use.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOPCO AND Food City DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOPCO AND Food City DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM US OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOPCO AND Food City, AND THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES, AND EACH SUCH ENTITY’S RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND AGENTS, WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM THE USE OF, OR INABILITY TO USE, THIS SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW, DISPUTES
By visiting Shop.FoodCity.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Virginia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Food City. IN THE EVENT A CLAIM PROCEEDS IN COURT RATHER THAN BY ARBITRATION, YOU AND WE EACH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL. YOU AND WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to Shop.FoodCity.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.