CHANGES TO TERMS
DESCRIPTION OF WEBSITE
On Grocery provides a software-as-a-service platform that enables retailers to market and promotes its store information, product availability, product pricing, specials, promotions, and coupons to consumers and enables consumers to purchase products and goods from retailers. The Website provides general information about On Grocery and its software-as-a-service platform.
SCOPE OF USE
Eligibility: The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers get parental consent before they knowingly collect personally identifiable information online from children under the age of thirteen (13). On Grocery does not knowingly collect or solicit information from children under the age of thirteen (13). You represent and warrant that you are at least thirteen (13) years of age, provided that if you are under eighteen (18) years of age, your use of the Website is subject to requirements of parental consent. If you are under age thirteen (13), you may not, under any circumstances or for any reason, use the Website. We may, in our sole discretion, refuse to offer the Website to any person and/or entity and change its eligibility criteria at any time. If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information, so please contact us at email@example.com if you think a child has provided us personal information.
Use of Website and Availability: Use of the Website is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate, or objectionable. On Grocery retains the right, in our sole and absolute discretion, to deny service and/or access to and/or use of the Website to anyone at any time and for any reason without liability. While we use reasonable efforts to keep the Website accessible, the Website may be unavailable from time to time. You understand and agree that there may be interruptions to the Website and/or access to your User Account (defined below) due to circumstances both within our control (e.g., routine maintenance) and outside of On Grocery’s control, for which On Grocery will bear no responsibility. The Website may be modified, updated, suspended, and/or discontinued at any time without notice and/or liability.
Your Responsibilities: On Grocery grants, you the rights set forth herein, subject to the following conditions:
- You shall not modify, disassemble, create derivative works, publicly display, reverse engineer, and/or otherwise reduce to human-perceivable form all or any part of the Website;
- You agree not to submit and/or transmit any emails, User Content (defined in the User Content Section below), or other materials through the Website that contain a virus, worm, Trojan horse, and/or any other harmful component designed to interrupt, destroy and/or limit the functionality of any computer software and/or hardware and/or telecommunications equipment, and/or that is designed to obtain unauthorized access to any information;
- You may not access all or any part of the Website to build a product or service which competes with the Website;
- You shall not copy, store, reproduce, duplicate, transmit or distribute a significant portion of the content on the Website;
- You shall not obtain or attempt to obtain any data through any means from the Website, except if we intend to provide and/or make it available to you. You are only authorized to view, use, copy for your records and download small portions of the content on the Website for your informational, non-commercial use; provided that you leave all copyright and other proprietary notices intact;
- You shall not pretend to be someone else, use someone else’s identifies or misrepresent your affiliation with a person or entity;
- You are responsible for the accuracy and quality of the data and content that you submit;
- You agree to act under all applicable laws, rules, and regulations;
- You shall not submit information, in any form, that is harmful, offensive, inaccurate, or otherwise inappropriate including without limitation libelous, defamatory, discriminatory, harassing, racially, ethnically, hateful, profanatory, and/or otherwise objectionable;
- You shall not imply that User Content is in any way sponsored or endorsed by On Grocery;
- You agree not to intentionally hold On Grocery and/or our employees and/or directors up to public scorn, ridicule, or defamation;
- You will not promote and/or provide information about illegal activities and/or physical harm and/or injury to any group, individual, institution, and/or property;
- You will use commercially reasonable efforts to prevent unauthorized access to and/or use of the services and content provided on the Website, and to notify On Grocery promptly of any such unauthorized access and/or use;
- You shall not use the Website for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may apply to the Website provided; and
- You will not submit User Content that violates, plagiarizes, and/or infringes the rights of third parties including, without limitation, copyright rights, trademarks, rights of privacy or publicity and/or any other proprietary right; and/or that is designed to obtain unauthorized access to any information.
On Grocery shall not be subject to any obligations of confidentiality regarding any information or materials provided by you unless required by law.
USE OUTSIDE DEFINED AREA
ERRORS, INACCURACIES, OMISSIONS, AND PERFORMANCE
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, and/or omissions that may relate to services, contact information, address, and events. We reserve the right to correct any errors, inaccuracies, and/or omissions.
PROPRIETARY RIGHTS AND LICENSES
Reservation of Rights: The materials, headers, videos, illustrations, photographs, graphics, and/or any other content on the Website, as well as the organization and layout of the Website, are copyrighted and are protected by the United States and international copyright laws and treaty provisions. Subject to the limited rights expressly granted hereunder, On Grocery and/or its third-party providers reserve all right, title, and interest in and to the Website and content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
Feedback: If you provide us (in a direct mail, email, and/or otherwise) with any feedback, suggestions, improvements, enhancement requests, corrections, ratings and reviews, recommendations, feature requests, and/or other feedback provided by you or others relating to the Website (“Feedback”), then you will own this material; however, you grant to On Grocery a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. On Grocery has no obligation to review any Feedback and may use and/or redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you warrant to On Grocery that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, and/or impair the Website and/or interfere with any other party’s use and/or enjoyment of the Website. You may not obtain and/or attempt to obtain any materials and/or information through any means not intentionally made available and/or provided for through the Website.
DATA CHARGES AND MOBILE PHONES
You are responsible for any mobile charges that you may incur for using the Website, including but not limited to data charges. If you are unsure what those charges may be, you should ask your service provider before using the Website.
INDEMNIFICATION AND WAIVER
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
LIMITATION OF LIABILITY
YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL ONGROCERY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, AND/OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, ATTORNEY’S FEES, THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ONGROCERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY ONGROCERY, ITS EMPLOYEES, REPRESENTATIVES, AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, ONGROCERY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN THE EVENT YOU ARE DISSATISFIED WITH THE WEBSITE OR HAVE ANY OTHER GRIEVANCE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE RIGHT TO DISCONTINUE USE OF THE WEBSITE. ONGROCERY’S MAXIMUM AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU IN ANY CIRCUMSTANCE ARISING OUT OF AND/OR RELATING TO THE WEBSITE IS LIMITED TO ONE DOLLAR (US$1.00).
You may not link to the Website without our written permission. If you are interested in linking to the Website, please contact firstname.lastname@example.org.
The Website may be made available and/or accessed in connection with third-party services and content that On Grocery does not control. On Grocery may post advertisements of third parties through the Website, including without limitation promotions of advertisers, location based-ads, and/or sponsors showing their goods and services. Your correspondence, participation in, and/or any other dealings with third parties found through the Website are solely between you and such third party. On Grocery does not endorse such third-party services and content and in no event shall On Grocery be liable for any products and/or services of such third-party providers. You agree that On Grocery shall not be responsible for any loss and/or damage of any sort incurred as a result of any such dealings and/or as the result of the presence of such third parties through the Website. Moreover, On Grocery shall not be responsible and/or liable for the accuracy, quality, suitability, currency, and/or content of the statements and/or conduct of any third party on the Website. You are solely responsible for the costs, expenses, and infrastructure required to support your use of the Website. You acknowledge and agree that On Grocery utilizes third-party providers to provide the Website, and any terms and conditions related to such third-party providers’ products and/or services shall govern the use of such third-party providers’ products and/or services. You acknowledge and agree that On Grocery is not liable for the performance of any third-party providers’ products and/or services.
NO PROFESSIONAL ADVICE
The information available on the Website is intended to be a general information resource regarding the matters covered and is not tailored to your specific circumstance. The Website is not a substitute for professional advice, and you should not construe this as legal, tax, accounting, financial, medical, and/or other professional advice.
DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT
On Grocery respects the intellectual property rights of others and expects you to do the same. We reserve the right to: (a) terminate your User Account or any other user who infringes third-party copyrights, (b) block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or other third parties, and/or (c) remove and discontinue service to repeat offenders. We will respond to clear notices of copyright infringement when you provide the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
- Information sufficient to permit On Grocery to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;
- A statement that the complaining party has 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Contact information for On Grocery’s DMCA Agent for notice of claims of copyright infringement is: On Grocery LLC c/o Meyer Law, Attn: Copyright Agent, 20 W Kinzie, 17th Floor, Chicago, Illinois 60654. The Copyright Agent will not remove content from the Website in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by fax or ordinary mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Website linked to and/or from the Website. All other inquiries directed to the Copyright Agent will not be responded to.
Opt-Out: You can opt-out and decline this agreement to arbitrate by contacting On Grocery within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.: the date you initially used the Website). You must write us at On Grocery LLC c/o Meyer Law, Attn: Opt-Out Arbitration, 20 W Kinzie, 17th Floor, Chicago, Illinois 60654. If you are opt-out, neither you nor On Grocery can require the other to participate in an arbitration proceeding.
Exceptions to Agreement to Arbitrate: Notwithstanding anything herein to the contrary, either you and/or On Grocery may assert claims, if it qualifies, in small claims court in Chicago, Illinois, and On Grocery may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Website, breach of On Grocery’s Confidential Information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the information dispute-resolution process described herein.
Judicial forum for disputes: If the agreement to arbitrate is found not to apply to you and/or your claim, you and On Grocery agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Chicago, Illinois. Both you and On Grocery consent to the foregoing venue and jurisdiction.
Please feel free to contact us with any comments, questions, or suggestions you might have regarding the information described on the Sites.
You may contact On Grocery at:
On Grocery LLC
1604 W Colonial Parkway
1st Floor, Inverness, IL 60067