Terms & Conditions
These Terms & Conditions (“Terms”) apply to the Grocery Outlet Inc.® (GOBM) website, mobile application (“GO App”), and social media (collectively the “GOBM Website”). As used in these Terms, “Grocery Outlet”, “us”, or “we” refers to Grocery Outlet Inc. and its subsidiaries and affiliates.
YOUR USE OF THE GOBM WEBSITE IS GOVERNED BY THESE TERMS
BY ACCESSING OR OTHERWISE USING ANY GOBM WEBSITE, YOU AGREE TO THESE TERMS IN THEIR ENTIRETY. Any person or entity who interacts with the GOBM Website through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is deemed to be using the GOBM Website and bound by these Terms. If at any time you do not accept all of these Terms, you must immediately stop using all or any part of the GOBM Website.
All right, title and interest in the GOBM Website, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Grocery Outlet or its licensors. Nothing in these Terms or otherwise will be deemed to grant to you an ownership interest in the GOBM Website, in whole or in part. All content included on the GOBM Website, such as recipes, meal planners, guides, shopping lists, sales flyers, text, graphics, logos, images, button icons, audio clips, video, photographs, data, music, software, and other material (collectively “Content”) is owned or licensed property of Grocery Outlet or its licensors and is protected by copyright, trademark, patent, trade secret or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and Grocery Outlet (and/or its licensors) owns a copyright in the selection, coordination, arrangement and enhancement thereof.
LICENSE AND ACCESS
Grocery Outlet grants you a limited license to access and make personal use of the GOBM Website and the Content for noncommercial purposes only and only to the extent such use does not violate these Terms including, without limitation, the prohibitions listed in the “UNLAWFUL OR PROHIBITED USES” section of these Terms. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms in any way. Accessing, downloading, printing, posting, storing, or otherwise using the GOBM Website or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms.
Grocery Outlet and other related marks, design marks, product names, feature names and related logos used in the GOBM Website are trademarks of Grocery Outlet and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Grocery Outlet. In addition, the look and feel of the GOBM Website constitutes the service mark, trademark and/or trade dress of Grocery Outlet and may not be copied imitated or used, in whole or in part, without the express prior written permission of Grocery Outlet. Grocery Outlet trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages Grocery Outlet or suggests a sponsorship, affiliation or endorsement by Grocery Outlet.
All other trademarks, service marks, logos, slogans, domain names and trade names are the properties of their respective owners.
UNLAWFUL OR PROHIBITED USES
The GOBM Website may only be used for lawful purposes in accordance with the terms of the license granted in these Terms. As a condition of your use of this GOBM Website, you warrant to Grocery Outlet that you will not use the GOBM Website for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third party, unless you have the express prior written consent of Grocery Outlet, YOU MAY NOT:
- Make any commercial use of the GOBM Website or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
- download, copy, or transmit any Content for the benefit of any other merchant;
- use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the GOBM Website;
- frame, mirror, or use framing techniques on any part of the GOBM Website;
- make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing GOBM Website content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms;
- use any meta tags or any other hidden text utilizing Grocery Outlet name or trademarks;
- misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the GOBM Website, or express or imply that we endorse any statement you make;
- use a buying agent to conduct transactions on the GOBM Website;
- conduct fraudulent activities on the GOBM Website;
- violate or attempt to violate the security of the GOBM Website, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the functionality of the GOBM Website; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the GOBM Website, overloading, “flooding,” “spamming,” “mailbombing”, or “crashing”; (v) forging any header or any part of the header information in any e-mail or posting; or (vi) forging communications on behalf of Grocery Outlet (impersonating the Grocery Outlet) or to Grocery Outlet (impersonating another user);
- send unsolicited or unauthorized email on behalf of Grocery Outlet, including promotions and/or advertising of products or services;
- tamper with the GOBM Website or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the GOBM Website or any activity being conducted on the GOBM Website;
- use the GOBM Website to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
- harvest or collect personally identifiable information about other users of the GOBM Website;
- restrict or inhibit any other person from using the GOBM Website (including, without limitation, by hacking or defacing any portion of the GOBM Website);
- use the GOBM Website to advertise or offer to sell or buy (other than from Grocery Outlet) any goods or services;
- reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the GOBM Website;
- modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the GOBM Website; or
- remove any copyright, trademark, or other proprietary rights notice from the GOBM Website or materials originating from the GOBM Website.
GROCERY OUTLET LOYALTY PROGRAM TERMS
By registering for The Grocery Outlet Store Loyalty Program (the “Program”), you agree to the following terms and conditions (the “Program Terms”). These Program Terms may change from time to time, and by continuing your participation in the Program, you agree to all subsequent changes. You should check back periodically to determine if these Program Terms have been updated.
Overview of the Program
These Program Terms govern the Program. The Program is a loyalty benefits program sponsored by the Grocery Outlet Inc., 5650 Hollis St., Emeryville, California, 94608 (“Sponsor”). The purpose of the Program is to track customer savings, give visibility to in store deals, enter members in sweepstakes, distribute coupons and other member only offers, or other purposes as may be added from time-to-time.
The Program is open to legal residents of the States of Washington, California, Idaho, Oregon, Nevada, and Pennsylvania, Maryland, New Jersey, Delaware and Ohio who are eighteen (18) years of age or older at the time of enrollment. Some elements of the Program may be available only to those twenty-one (21) years of age or older. The Program is void where prohibited by law. Employees of Sponsor and each respective Grocery Outlet store, as well as their immediate families (parents, siblings, children and spouses) and household members (whether related or not) are not eligible to participate in the Program.
Duration of Program
The Program will begin when the GO App is made publicly available and will end when Sponsor provides notice that the Program is terminated (the “Program Period”). At the end of the Program Period, all accumulated rewards during the Program Period will expire. All reward gift cards and/or coupons will expire at the end of the calendar year earned, unless otherwise noted on the applicable gift card or coupon. Sponsor reserves the right to shorten, extend, suspend, modify, or cancel the Program, at its discretion, at any time.
Enrolling in the Program/Smartphone Requirements
- Eligible individuals may enroll in the Program by downloading the GO App, available on the iPhone or Android mobile device platforms (Program Site), and complete the sign up process on the GO App. Devices that run versions of the platforms other than the most current version may not be able to use the GO App in whole or in part.
- In order to access and use the GO App, participants must have a device that uses iPhone or Android platforms and that is capable of accessing the Internet through a wireless data plan and/or WiFi.
- Certain communications and redemption processes may not be available to participants who opt-out of receiving certain types of messages (e.g., texts). In addition, certain communications or redemption processes may require additional functionalities for the devices. For example, certain activities may require the participant to enable GPS location services on their device or may require participants to have text message capabilities. Devices that are not capable of enabling such services may not receive certain messages. Participants are expected to know the limitations of their device, and Sponsor assumes no liability or responsibility for participants that use devices that cannot take full advantage of the GO App and/or the Program.
- Use of the GO App is limited to the device(s) and/or operating system(s) noted on the Program Site, which may change from time to time. Furthermore, use of the GO App may entail message, data, and other charges from smartphone network providers. All such charges are the responsibility of the participant. Participants should consult their individual wireless network provider for details on applicable charges.
- Limit: One (1) Program account per person. Sponsor may terminate any participant’s GO App account in Sponsor’s sole discretion. The person who is the authorized account holder of the mobile device telephone number or the email account indicated when registering will be deemed the participant. In the event of a dispute as to the identity of the authorized account holder, the authorized account holder will be defined as the natural person who is assigned to a mobile telephone number (“MTN”) or email address by a telephone company, wireless service provider, Internet access provider, Internet service provider, or other organization (e.g. business, educational, institution, etc.) that is responsible for assigning email addresses, telephone numbers, or wireless phone numbers for the telephone exchange associated with the submitted telephone number/email address or the domain associated with the submitted telephone, as applicable. Participants may be requested to provide Sponsor with proof that he/she is the authorized account holder of the MTN and/or email address associated with the Program registration. In the event of a dispute between authorized account holders of a MTN and an e-mail address used to register for a Program account, the authorized account holder of the e-mail address will be deemed the participant.
- THE LAST DAY TO REDEEM REWARDS WILL BE THE LAST DAY OF THE CALENDAR YEAR IN WHICH YOU WERE NOTIFED OF THE REWARD, UNLESS OTHERWISE NOTED ON THE REWARD.
- The GO App will list the eligible rewards and the methods for redeeming the rewards.
- Additional terms, conditions, and limitations for rewards may apply. These Program Terms and limitations may be separately listed here: URL for WWYS terms, in the GO App, and/or on the reward itself. Use of the reward is subject to compliance with such terms and conditions and limitations, and with these Program Terms.
- Physical rewards are awarded “as is” with no warranty or guarantee either express or implied by Sponsor. Physical rewards must be picked up at a participating store unless otherwise designated by Sponsor. Participants are solely responsible for all taxes and fees associated with receipt and/or use of rewards benefits. All expenses, travel or other costs not expressly stated in the rewards description are the sole responsibility of the participant. Lost, mutilated, or stolen rewards, coupons, vouchers, or certificates will not be replaced. Sponsor is not responsible if participant does not use any such reward, coupon, voucher, or certificate.
Program Account Maintenance/Termination
Each participant is responsible for ensuring the accuracy of his/her account and is encouraged to check his/her account regularly. Changes to accounts or account information may only be made by the participant to whom the account belongs.
Modifications and Termination of the Program
- Sponsor reserves the right to modify any of the Program Terms set forth herein including, but not limited to, the duration of the Program Period, the eligible products to be purchased, the rewards made available, and any of the options made available to participants with respect to the Program, at any time, with notice, even though these changes may affect a participant’s ability to accrue or use his/her rewards.
- Sponsor reserves the right to terminate or temporarily suspend the Program at any time, for any reason, even though termination may affect a participant’s ability to accrue points or use his/her rewards.
- A participant’s continued participation in the Program constitutes the participant’s acceptance of any changes to these Program Terms. Participants are responsible for remaining knowledgeable of any changes that Sponsor may make to these Program Terms. The most current version of these Program Terms, which will indicate the date they were last updated, will be available at the Program Site and will supersede all previous versions of these Program Terms.
General Terms and Conditions
- Sponsor reserves the right to discontinue the participation privileges of any participant who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Program Terms or with any federal, state or local, laws, statutes or ordinances. Discontinued participation privileges may result in the loss of all accumulated points. In addition, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
- Sponsor reserves the right to rescind rewards to an account which were obtained as a result of fraudulent activity or technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network, hardware or software related issues.
- The Program is provided to individuals only. Corporations, associations, or other groups may not participate in the Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single account for the purpose of accumulating points for combined use.
- All questions or disputes regarding eligibility for the Program, collecting or redemption of rewards, or a participant’s compliance with these Program Terms will be resolved by the Sponsor, whose decisions are final.
- Throughout the Program Period, Sponsor may send participants e-mails relating to the Program, including promotional offers. A participant can unsubscribe from these e-mails by visiting [https://www.groceryoutlet.com/preference-center] or by using the unsubscribe feature in the e-mail. Participants may unsubscribe from the Program by contacting customer service at [GOcustomerservice@cfgo.com].
$5 Off $25 Welcome Offer
As a new Program participant, you will receive a welcome offer of $5 off your next in-store purchase of $25 or more off qualifying items in a single transaction within fourteen (14) days of creating your GO App account. The offer will be available in the GO App in the digital offers section of the app after registering for the GO App. The offer does not apply to orders fulfilled by online delivery companies such as through Instacart, UberEats or DoorDash. Limit 1 per household. One time use. May not be combined with other offers. We reserve the right to modify or cancel the offer and/or to correct typographical errors.
Grocery Outlet delivers savings to its customers by negotiating discounts with top name brands and purchasing products off regular wholesale cost. “Savings” is an estimate calculated by Grocery Outlet based on the difference between the negotiated regular wholesale cost and normal retail price at another big box grocery store. Prices for products may fluctuate from time to time and the estimated savings figure is to be used solely for informative purposes. Grocery Outlet does not guarantee the accuracy of the estimated savings figure.
Loyalty Member Perk – Automatic Entry Into “Win What You Save” Sweepstakes
When you create an account for the GO App, we automatically enroll you in the “GO App Win What You Save Sweepstakes” (“Sweepstakes”). The Official Rules for this Sweepstakes are located https://www.groceryoutlet.com/wwys . Your participation in the Sweepstakes is governed by the Official Rules and by enrolling in the GO App you accept and agree to the Official Rules.
If the GOBM Website includes push notifications or other mobile communication capability, you hereby approve our delivery of electronic communications directly to your mobile device. These notifications, including badge, alert or pop-up messages, are delivered to your device even when it is running in the background. You have the ability, and it is your responsibility, to control the notifications you do, or do not, receive through your device.
MARKETING COMMUNICATIONS FROM US
If you register or create an account on any of the GOBM Websites or otherwise provide us with your email address, such as when you sign up for our loyalty program and/or download the Go App, you consent to our use of the contact information provided in that process to contact you. Grocery Outlet reserves the right to send you emails relating to your account, 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 Grocery Outlet marketing emails. You further understand that Grocery Outlet may send you sales and marketing communications, such as by email. You can opt out of receiving these sales and marketing emails at any time by following the unsubscribe instructions in those emails. You may also be given the opportunity to opt in to Grocery Outlet 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. 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 Grocery Outlet 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.
MODIFICATION AND TERMINATION
Grocery Outlet may at any time: (i) modify or discontinue any part of the GOBM Website; or (ii) offer opportunities to some or all GOBM Website users. Grocery Outlet reserves the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the GOBM Website. Each time you use the GOBM Website, you should review the current Terms. You can determine when these Terms were last revised by referring to the “Effective Date” at the top of this page. Your continued use of the GOBM Website will indicate your acceptance of the current Terms; however, any material change to these Terms after your last usage of the GOBM Website will not be applied retroactively. Except for such material changes, the Terms that were in effect at the time any claim or dispute arose between you and us will be applied.
Grocery Outlet reserves the right, without notice and in its sole discretion, to terminate your account or your use of the GOBM Website and to block or prevent future access to and use of the GOBM Website (i) if you violate any of these Terms (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the GOBM Website will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the GOBM Website. Upon termination, all provisions of these Terms which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
USER REVIEWS, COMMENTS, AND SUBMISSIONS
If the GOBM Website allows you to submit reviews, comments, and other communications, photos, videos, or any other content (“User Content”) through or to the GOBM Website, Grocery Outlet welcomes such User Content as long as the User Content submitted by you complies with these Terms.
You agree that any User Content that you submit: (i) will be accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; (iv) will not cause injury to any person or entity; and (v) will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Grocery Outlet assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.
For any User Content you submit, you grant to Grocery Outlet a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Grocery Outlet the right, without any obligation, to include the name provided along with the User Content submitted by you. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to the GOBM Website. Please note that visitors to the GOBM Website may post content that is inaccurate, misleading, or deceptive. Grocery Outlet neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Grocery Outlet will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the parties who submitted such opinions and may not reflect the opinions of Grocery Outlet.
DMCA NOTICE – NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Grocery Outlet policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the GOBM Website can be identified and removed using the process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Grocery Outlet copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Grocery Outlet that your copyrighted material has been infringed. Grocery Outlet does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Grocery Outlet will respond by either taking down the allegedly infringing content or blocking access to it. Grocery Outlet. may contact the notice provider to request additional information. Under the DMCA, Grocery Outlet is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send Grocery Outlet a counter-notification. Notices and counter-notices are legal notices distinct from regular GOBM Website activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
- Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
- Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the GOBM Website. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
- Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
- If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
- Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
- Be signed; and
- Be sent to our DMCA designated agent at the following address:
Registered Agent Solutions, Inc.:
720 14th Street
Sacramento, CA 95814
LINKS TO THIRD PARTIES
The GOBM Website may contain links and interactive functionality interacting with third parties, including social media applications and product manufacturers’ applications. Grocery Outlet is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such application. Before enabling any sharing functions of the GOBM Website to communicate with any such application or otherwise visiting any such application, Grocery Outlet strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third party application. The links and interactive functionality for third party applications on the GOBM Website do not constitute an endorsement by Grocery Outlet of such third party application. Other applications may link to the GOBM Website with or without our authorization, and we may block any links to or from the applications, in our sole discretion. YOUR USE OF THIRD PARTY APPLICATIONS AND RESOURCES IS AT YOUR OWN RISK.
DISCLAIMERS OF WARRANTIES
Grocery Outlet cannot and does not represent or warrant that the GOBM Website or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.
THE GOBM WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GOBM WEBSITE (COLLECTIVELY, THE “GOBM WEBSITE CONTENTS”) ARE PROVIDED BY GROCERY OUTLET ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. GROCERY OUTLET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE GOBM WEBSITE, THE ACCURACY OR COMPLETENESS OF THE GOBM WEBSITE CONTENTS, OR THAT EMAILS SENT FROM GROCERY OUTLET ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GOBM WEBSITE IS AT YOUR SOLE RISK. GROCERY OUTLET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE GOBM WEBSITE OR THE GOBM WEBSITE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE AGREED BY GROCERY OUTLET IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, GROCERY OUTLET DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE GOBM WEBSITE AND THE GOBM WEBSITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
IF PRODUCTS ARE PROVIDED BY THIRD PARTIES THROUGH THE GOBM WEBSITE, THOSE THIRD PARTIES MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT REPRESENTATIONS OR WARRANTIES, BUT ANY SUCH REPRESENTATIONS OR WARRANTIES ARE PROVIDED SOLELY BY SUCH PROVIDER AND NOT BY GROCERY OUTLET.
IF NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION IS PROVIDED THROUGH THE GOBM WEBSITE, GROCERY OUTLET DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS ACCURATE OR COMPLETE. ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR GOBM WEBSITE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
THIRD PARTY NAMES, MARKS, PRODUCTS, ADVERTISEMENTS, OR SERVICES OR POP-UP TEXTS OR LINKS TO THIRD PARTY APPLICATIONS MAY APPEAR ON THE GOBM WEBSITE. IN NO EVENT WILL GROCERY OUTLET BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE GOBM WEBSITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY APPLICATION, OR ANY LINK CONTAINED IN A LINKED APPLICATION. IF YOU DECIDE TO LINK TO ANY SUCH THIRD PARTY APPLICATION, YOU DO SO ENTIRELY AT YOUR OWN RISK.
The GOBM Website is controlled and operated by Grocery Outlet from the United States, and is not intended to subject Grocery Outlet to the laws or jurisdiction of any state, country or territory other than that of the United States. Grocery Outlet does not represent or warrant that the GOBM Website or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the GOBM Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the GOBM Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
IF THE GOBM WEBSITE INCLUDES HEALTHCARE OR NUTRITIONAL INFORMATION, THAT INFORMATION IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS.
We provide information through the GOBM Website for your information and enjoyment. Your use of the GOBM Website is strictly voluntary. Because some of the information in the GOBM Website may relate to modifications to your diet, you agree to use your good judgment and reasonable care prior to making any changes to your lifestyle. By using the GOBM Website, you assume the risks associated with the activities in which you will be participating. Such risks may include, but are not limited to, the risk of physical injury or other harm. You, and you alone, are solely responsible for taking proper care to limit your risk.
You knowingly and voluntarily do hereby indemnify, release, acquit, waive, forever discharge, and covenant not to sue Grocery Outlet, its employees, agents, any related affiliate and/or subsidiary entities from and against any and all liabilities, costs and expenses (including without limitations, any reasonable fees and expenses of its attorneys and consultants) relating to or arising out of any claims, demands or causes of action of every kind and character (including, without limitation, personal injury and property damage claims) as a result of the information and materials offered by Grocery Outlet through the GOBM Website.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL GROCERY OUTLET OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE GOBM WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF GROCERY OUTLET HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND GROCERY OUTLET. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND GROCERY OUTLET. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE GOBM WEBSITE, ANY CONTENT ON THE GOBM WEBSITE, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GOBM WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE GOBM WEBSITE, THAT YOUR USE OF THE GOBM WEBSITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
INDEMNIFICATION AND DEFENSE
As a condition of the use of the GOBM Website, you agree to defend, indemnify, and hold harmless Grocery Outlet and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the GOBM Website, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms.
NOTICES AND ELECTRONIC COMMUNICATIONS
In the case of notices Grocery Outlet sends to you, you consent to receive notices and other communications by Grocery Outlet posting notices on the GOBM Website, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Grocery Outlet provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the GOBM Website or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the GOBM Website, please send an email to firstname.lastname@example.org. You may also contact us by writing to 5650 Hollis Street, Emeryville, CA 94608, or by calling us at (510) 845-1999. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE GOBM WEBSITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA, WITHOUT REGARD TO CALIFORNIA’S CHOICE OF LAW PRINCIPLES.
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.
Informal Process. You agree that in the event of any dispute between you and Grocery Outlet, you will first contact Grocery Outlet and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
Agreement to Arbitrate. After the informal dispute resolution process, any remaining dispute, controversy or claim (collectively, “Dispute”) relating in any way to these Terms or Grocery Outlet’s services and/or products, including but not limited to the GOBM Website, or relating in any way to the communications between you and Grocery Outlet or any other user of the GOBM Website, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies to you and to Grocery Outlet. However, this arbitration agreement does not (a) govern any Dispute by Grocery Outlet for infringement of its intellectual property or access to the GOBM Website that is unauthorized or exceeds authorization granted in these Terms, or (b) bar you from making use of applicable small claims court procedures in appropriate cases.
You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Grocery Outlet are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to: Grocery Outlet Inc., Attn: Legal Department, 5650 Hollis St., Emeryville, California, 94608.
Arbitration Procedure and Rules. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, including all questions of arbitrability, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules by a sole arbitrator. The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the arbitration, the appointment shall be made by the AAA in accordance with the Commercial Arbitration Rules. The place, or legal seat of arbitration, shall be California, and the language of the arbitration shall be English.
You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons. Each party shall be exclusively responsible for paying its own arbitration filing fees, which may later be allocated by the arbitrator as set forth below.
The arbitrator shall issue a reasoned award and, subject to the limitation of liability set forth above, shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs, to proceed ex aequo et bono, or to exercise rights of iura novit curia. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.
YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH GROCERY OUTLET MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM WILL BE PERMANENTLY BARRED.
These Terms, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Grocery Outlet with respect to the GOBM Website and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the GOBM Website. No provision of these Termsshall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
If you have any concerns about Grocery Outlet or your use of the GOBM Website, please contact us at email@example.com with a detailed description, and we will try to resolve it.