Last Modified: July 21, 2021
ARBITRATION AND INDEMNITY: WITH THE EXCEPTION OF CERTAIN DISPUTES DESCRIBED BELOW, YOU AGREE TO RESOLVE DISPUTES BETWEEN YOU AND FOOD TOWN BY MANDATORY BINDING ARBITRATION. AS SUCH, YOU WAIVE RIGHTS TO TAKE PART IN CLASS-ACTION LAWSUITS AND/OR CLASS-WIDE ARBITRATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD FOOD TOWN HARMLESS FROM ANY CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE LEGAL COSTS) RELATING TO OR ARISING FROM YOUR USE OF THE SITE OR SERVICES. YOU AGREE THAT THE LAWS OF THE STATE OF TEXAS, WILL GOVERN THESE TERMS AND ANY DISPUTE THAT MIGHT ARISE BETWEEN YOU AND FOOD TOWN. ANY PROCEEDING RELATED TO THESE TERMS OR YOUR USE OF THIS SITE MUST BE DEALT WITH IN THE STATE OR FEDERAL COURTS OF HARRIS COUNTY, TEXAS. YOU CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF SUCH COURTS.
Food Town reserves the right to modify, amend, alter, or otherwise update these terms without notice, and for any reason. Your continued use of our website following any such changes constitutes as agreement to the updated terms and conditions. Please regularly revisit this page to view the most up-to-date terms and conditions. Certain products, services and related Food Town websites may be governed by separate or additional policies or terms. (This may include, among other things, gift and prepaid cards, retail space rental and curbside pickup pages.) By using such pages, you are subject to their respective special terms. In the event of conflicting messaging, the more specific terms of service apply.
Errors and Omissions
Food Town makes every effort to ensure that the information contained on this Site is accurate, current, and complete. However, there may be typographical errors, omissions and inaccuracies related to product descriptions, pricing, availability, promotions, coupons and related issues. We do not guarantee that the Site’s information complete, current or free from errors. Food Town reserves the right to correct errors, and to update content, pricing, offers and information on this Site at any time without notice. In addition, we reserve the right to limit quantities, and to cancel, revise or postpone events without notice.
Please note that, while Food Town sells products for children, it sells them to adults who can make such purchases with a credit card or other payment method. Individuals younger than 18 may use the Site solely with the assistance or involvement of a parent or guardian. The Children’s Online Privacy Protection Act (“COPPA”) requires online service providers to obtain parental consent before collecting personally identifiable information online from children younger than 13. As such, we do not knowingly collect or solicit information from children under the age of 13. If we discover we have collected personal information from a child under age 13, we will delete the information immediately. Contact us at [email protected] if you believe a child has submitted personal information through our Site. Food Town reserves the right to refuse service, close accounts, remove or edit website content and cancel orders at our sole discretion.
Food Town reserves the right, but not the obligation, to monitor areas of our Site electronically, and to disclose information, records or electronic communication of any kind if required to do so by any law, regulation, or court order — or if such disclosure becomes necessary or appropriate in the operation of our Site, or to protect Food Town’s property and rights, or the rights of customers, affiliates, partners, sponsors, vendors and others who access our Site.
Visiting the Site, create an account and sending emails to Food Town constitute as electronic communication. As such, you consent to receive communications from us electronically and agree that Food Town may communicate with you by email or through posted notices on the Site. By downloading the Food Town + app, you understand and agree that Food Town may communicate with you through push notification, text messages and additional means made possible through your mobile device. Your mobile provider’s rates and any related charges apply. Food Town is not liable for any charges incurred through electronic communication, or for delays in the receipt of “SMS” message transmissions from your network or carrier.
Submissions, Comments, Feedback
Products and Services
Products and promotions posted on this Site, or those communicated to customers through email, are valid only for the dates indicated within the communication. Certain offers, contests, promotions and sweepstakes promoted through the Site may not be available at every Food Town store. Likewise, certain offers, contests, promotions and sweepstakes advertised inside Food Town physical locations may not be available through the Site. Certain programs and/or services may also be available at only select Food Town locations. Food Town strives to be as accurate as possible when describing products and/or services both on the Site and within physical marketing materials. Regardless, Food Town does not warrant that such descriptions or related content are accurate, complete, reliable, current or free of errors.
Copyrights and Trademarks
Unless explicitly stated, all content housed on the Food Town Site and any affiliated sites or pages constitutes copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Food Town or by entities which have licensed their materials to Food Town. As such, they are protected by U.S. and international copyright laws. The of Site content remains the exclusive property Food Town and is also protected by U.S. and international copyright laws.
The Food Town name, branding, logos and all related product and service names, design marks and slogans are trademarks or service marks of Food Town, and are property of Lewis Food Town, Inc. All other related marks housed within the site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to the Food Town Site does not authorize any user to improperly employ any name, logo or mark in any way.
Disclaimer and Limit of Liability
TO THE EXTENT PERMITTED BY LOCAL, STATE AND FEDERAL LAW, FOOD TOWN IS NOT RESPONSIBLE FOR CONSEQUENCES RELATED TO RELIANCE ON COMPANY OR THIRD-PARTY CONTENT CONTAINED WITHIN THE SITE, OR SERVICES OBTAINED THROUGH THE SITE. ANY RISK OF DAMAGE RELATED TO USE OF THE SITE RESTS ENTIRELY WITH YOU. USE OF THE FOOD TOWN WEBSITE, AS WELL AS ANY RELATED SITES OR INFORMATION, IS COMPLETELY AT YOUR OWN RISK. THE FOOD TOWN WEBSITE, RELATED CONTENT AND SERVICES ARE PROVIDED “AS-IS,” WITH NO WARRANTY, NEITHER EXPRESS NOR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT FOOD TOWN WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST PROFITS, OR THOSE RELATED TO INCONVENIENCE, DELAY OR INABILITY TO ACCESS SERVICES PROVIDED THROUGH THE SITE) ARISING OUT OF USE, OR LACK THEREOF, OF THE SITE, ITS RELATED SERVICES AND CONTENT, SERVICES OBTAINED OR ARRANGEMENTS ORGANIZED WITH INFORMATION OBTAINED THROUGH THE SITE, EVEN IF FOOD TOWN WAS ADVISED THAT SUCH DAMAGES OR LOSSES REMAINED WITHIN THE REALM OF POSSIBILITY. THE COMPLETE LIABILITY OF FOOD TOWN (BE IT THROUGH CONTRACT, WARRANTY, TORT (FOR EXAMPLE, NEGLIGENCE), PRODUCT OR STRICT LIABILITY, OR A RELATED ACTION) ASSOCIATED WITH ANY CLAIM RELATED TO USE OF THE SITE FOR ANY REASON WILL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY SUCH COST EXISTS. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF SUCH LAWS APPLY TO SOME OR ALL OF THE ABOVE, THEY MAY NOT APPLY TO YOU. AS SUCH, YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.
Please contact Food Town via email at [email protected] for clarification or with any additional inquiries.
Effective July 21, 2021