Weis Markets – Website and Mobile App Terms and Conditions
Last updated – November 2, 2016
The WeisMarkets.com website and the Weis Markets mobile application (collectively referred to as the “Site”) are operated by Weis Markets, Inc. (“Weis”, “we, “us” or “our”). The Site and your use of the Site are governed by these Terms and Conditions.
Please read these Terms and Conditions carefully before you start to use the Site. By using the Site, by downloading our mobile application, or by clicking to accept or agree to these Terms and Conditions when this option is made available to you, you accept and agree to be bound by these Terms and Conditions. If you do not want to agree to these Terms and Conditions, you must not access or use the Site.
Intellectual Property. You may not use Weis's tradename, trademarks, service marks or other intellectual property assets or branded products or services for promotional, advertising or any other commercial purpose, unless and to the extent we otherwise specifically agree in writing.
Content. All of the content on the Site, including without limitation the images, graphics and text, as well as any underlying software, networks and systems that support the Site, is owned by or under license to Weis and is protected by applicable trademark, trade dress, copyright and other rights. No right, title or interest in any part of the Site or its content is transferred to you.
- Pharmacy and Medical Content. All pharmacy, medical and health-related content is provided for educational purposes only and is not intended to substitute the diagnosis, treatment and advice of a medical professional. Consult your medical professional for guidance and check product information before using any prescription or over the counter drugs.
- Product Information. Actual product packaging and materials may contain more and/or different information than that shown on the Site. For these reasons you should not rely on the information presented, but should always read labels, warnings and directions before using or consuming a product. For additional information about a product, please contact the manufacturer.
- Product and Service Descriptions. We try to describe and display the features of all of the products and services shown on the Site as accurately as possible. However, the colors you see will depend on your monitor and the descriptions we provide often depend on information given to us by others. In addition, the Site may contain typographical or other human errors and may not be complete or current. Accordingly, we cannot guarantee that any product or service image or description will be accurate in all respects.
Third Party Links. The Site may include links to websites that Weis does not operate. These Terms and Conditions do not apply to and we are not responsible for the operators of those websites. As you navigate through the Site and other websites, it is important to regularly check the website terms and conditions that may apply.
Your Use of the Site. We expect you to use the Site responsibly and to respect the rights of others. You agree that you shall not access data not intended for you or log onto a server or an account that you are not authorized to use. You also agree that you shall not attempt to interfere with service to any other user, or the software, networks or systems that we use to bring the Site to you, such as by submitting a virus to the Site or overloading, "flooding," "spamming," "mailbombing" or "crashing" the Site. Finally, you agree not to use any device, software or routine to interfere with the proper working of the Site or to navigate or search the Site, other than the search tools available on the Site and other generally available third party web browsers (e.g., Google Chrome, Microsoft Explorer).
Your Information. It is a condition of your use of the Site that all the information you provide is correct. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purposes. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
Privacy. Our privacy statement is located here. It applies to your use of the Site and is incorporated by reference into these Terms and Conditions.
Submissions. We welcome your comments, suggestions and other submissions concerning the Site or any other product or service we may offer. However, we accept such comments and suggestions under the condition that you grant to us an irrevocable, perpetual, worldwide, royalty-free, transferable license to use, copy, prepare derivative works based on and publicly perform, display and distribute the information and material you submit for any purpose whatsoever, without restriction and without compensating you in any way. You agree that this license is effective automatically (without further action by you) when you submit the information or materials to us. Obviously, you should not send us any information or materials that you do not want to transfer to us, or that you are legally prohibited from transferring to us, such as confidential information or product or service ideas that you intend to derive revenue from.
Network and Data Charges. If you use or access the Site outside of an area with Wi-Fi, you should remember that the terms of agreement with your network provider will still apply. As a result, you may be charged by your provider for the cost of data for the duration of the connection while accessing the Site or other third party charges. In using the Site, you are accepting responsibility for any such charges, including roaming data charges if you use the Site outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you are using the Site, please be aware that we assume that you have received permission from the bill payer for using the Site.
Mobile Application. At some point we may update the mobile application and you may be required to download updates to continue to use the mobile application. We may also choose to stop providing the mobile application to you, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) any rights and licenses granted to you in these Terms and Conditions as to the mobile application will end; and (b) you must stop using the mobile application, and (if needed) delete it from your device.
Disclaimers. THE SITE AND THE CONTENT HEREON ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL WEIS, ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF WEIS AND ITS AFFILIATES AND ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE DOLLAR ($1.00).
Limitation on Time to File Claims. YOU MUST COMMENCE ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.
Indemnification. You shall indemnify, defend and hold harmless Weis, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (“Indemnitees”) from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site. You shall provide Indemnitees with such assistance, without charge, as Indemnitees may request in connection with any such defense, including, without limitation, providing Indemnitees with such information, documents, records and reasonable access to you, as Indemnitees deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Governing Law. These Terms and Conditions shall be construed in accordance with and governed by the internal laws, and not the laws of conflicts or choice of laws, of the Commonwealth of Pennsylvania.
Arbitration. You must submit any disputes relating to these Terms and Conditions or the Site, including disputes arising from or relating to the interpretation, violation, invalidity, non-performance or termination of these Terms and Conditions, to final and binding arbitration administered by and in accordance with the Rules of Arbitration of the American Arbitration Association applying Pennsylvania law.
Assignment. These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. We may assign these Terms and Conditions and any of our rights herein at any time without notice to you. You may not assign, delegate, sublicense or transfer your rights and obligations hereunder. Any transfer, assignment, delegation or sublicense by you is invalid and of no force or effect.
Severability. If any term, provision, covenant or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.
Headings. The titles or section headings of the various provisions of these Terms and Conditions are intended solely for convenience and ease of reference and shall not in any manner amplify, limit, modify or otherwise be used in the interpretation of any such provisions.
Relationship of the Parties. The relationship between you and us shall not be construed to be that of employer and employee, partnership, joint venture or agency of any kind.
Waiver. The failure of you or us at any time to require performance by the other party of any provision of these Terms and Conditions shall not affect the right of such party to require performance of that provision, and any waiver by any party of any breach of any provision of these Terms and Conditions shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms and Conditions.
Our Right to Change These Terms and Conditions. We may amend these Terms and Conditions at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site or by otherwise notifying you. Any use of the Site by you after these Terms and Conditions have been amended means you accept and agree to these amendments.
Entire Agreement. These Terms and Conditions constitute the entire agreement between you and us with respect to the Site and your use thereof. These Terms and Conditions supersede any and all prior or contemporaneous written or verbal understandings, agreements, representations or warranties.