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Food Town Terms of Use

Last Modified: July 21, 2021

The following terms of service serve as an agreement between the consumer (referenced below as “you” and “your”) and Lewis Food Town, Inc. and any related subsidiaries or affiliates (collectively referenced as “we,” “our”, “us”, “Food Town”, “Lewis Food Town”, “Lewis Food Town, Inc.” and “Retailer.” The following terms of use govern all use of the Food Town website (“Site”, “Services”) at yourfoodtown.com, the Food Town + mobile application and any current or future websites, products and services owned by Lewis Food Town, Inc. This includes information pertaining to in-store promotions, store hours and information, coupons, sales and events.

Please review the following terms of use carefully before accessing the Site. Use of this Site in any manner qualifies as consent to and agreement of the terms of service detailed below, as well as the Privacy Policy found at yourfoodtown.com/privacy-policy. The following terms remain in effect unless and until terminated by Lewis Food Town, Inc. If you do not agree with any of the following terms and conditions, please refrain from using the Site. Tampering with the Site, misrepresenting a user’s identity and/or similar fraudulent activity is strictly prohibited.

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.

Changes to Terms of Services/Terms of Use

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.

Your Account

In using this Site, you are responsible for safeguarding any login and password information related to your account, and for restricting access to your computer. You agree to accept responsibility for any and all activity that Information you disclose to us via online forms, email communication and the like becomes the sole property of Food Town. Visit our Privacy Policy page to learn how we use such information.

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.

Monitoring

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.

Website Security

It is an explicit violation of Food Town terms of use to act in any manner that breaches or attempts to breach the security of the Site. This includes, but is not limited to, (1) access of data not explicitly intended to be accessed, or logging onto a server or into an account which you are not authorized to gain access to; (2) attempting to or successfully probing, scanning or testing the vulnerability of a system or computer network in order to breach security or test authentication measures without proper approval and authorization; (3) successfully or attempting to interfere with any service of any type to a user, host or network, including, but not limited to, uploading a virus to the Site, overloading the system, “flooding,” “spamming,” “mailbombing,” “crashing” or improperly accessing and entering promotional contests; (4) submitting unsolicited email, including but not limited to promotions and/or advertisements of products or services; or (5) forging any TCP/IP packet header or any element of the header information in any way via email or newsgroup posting. Violations of such system or network security may result in civil or criminal liability. Food Town can and will investigate any such occurrences that may involve violations. If deemed necessary, we may involve and cooperate with law enforcement officials in efforts to prosecute individuals or entities involved in such violations. In accessing our site, you agree not to implement any device, software or routine in such a way as to interfere or attempt to interfere with the Site’s function and purpose. Moreover, you agree not to implement or attempt to implement any engine, software, tool, agent or related device or tool (this includes, but is not limited to, browsers, robots, spiders, artificial intelligence, apps, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from https://yourfoodtown.freshopsite.com/ on this Site and other than those generally available third-party internet browsers such as Chrome or Microsoft Explorer).

Retailer Communications

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

Food Town welcomes and encourages your critiques, comments, testimonials and suggestions. You agree that any submissions, including but not limited to questions, comments, ideas, plans, blueprints, sketches, notes, drawings, creative materials or other information submitted through email, posted to this Site or sent through other electronic means are non-confidential, and are therefore subject to our privacy policy. You remain solely responsible and liable for your submissions. All submissions to the Site become the exclusive property of Food Town. Your submissions assign Food Town all worldwide rights, titles and interests in all copyrights and related intellectual property rights in the submissions and comments. Moreover, you agree that Food Town is free to use, with no compensation to you, any submissions, including ideas, promotions, content and related information, in any way we see fit, including but not limited to marketing our company, products and services — both current and future. You agree not to submit materials that are defamatory, unlawful abusive or obscene.

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.

 

Additional Information

Please contact Food Town via email at [email protected] for clarification or with any additional inquiries.

Effective July 21, 2021