PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
YOUR CONTINUED USE OF OUR SITES AND PARTICIPATION IN ANY REWARD PROGRAM IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OUR SITES OR PARTICIPATE IN OUR REWARD PROGRAMS.
CONTINUED ACCESS AND USE OF ANY SITE OR PARTICIPATION IN THE REWARD PROGRAMS AFTER CHANGES HAVE BEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS TO IT.
Unless otherwise indicated, our Sites are intended for end use in the United States and are not labeled or intended for international use or distribution.
We are committed to making Sites accessible for all users, and will continue to take steps necessary to ensure compliance with applicable laws. Please read our Accessibility Policy for more information. If you have difficulty accessing any content, feature, or functionality of a Site, please contact us.
What’s Contained in This Agreement
Click on the links below to jump to that section of the Agreement.
- Highlights of the Agreement
- Reward and Loyalty Programs
- WiFi Access
- Your Authorized Use of Our Sites
- Mobile Applications
- Mobile App Purchases
- SMS Marketing
- Content Submitted by You
- Interactive Features and Forums
- Descriptions, Testimonials, Opinions
- Third-Party Content and Links
- Copyright Infringement Notice
- Our Intellectual Property Rights
- Additional Program Terms
- Advantage Card
- Curbside Pickup + Delivery
- Giant Eagle Marketplace™
- Other Policies
- Important Legal Terms
- Disclaimer of Medical Advice
- Disclaimer of Warranty
- Limitation of Liability
- New Jersey Residents
- Consent to Communication
- Updates to this Agreement
- Disputes, Arbitration and Class Action Waiver
- Contacting Us
Highlights of the Agreement
These Terms are a legal agreement exclusively between you and us governing your use of our Sites. By continuing to use our Sites, you agree that such use is legally sufficient consideration under this Agreement.
This Highlights section is intended to provide you with a basic overview of the contents of this Agreement. However, please read this entire Agreement for a complete understanding of the terms you are agreeing to. The meaning of capitalized words can be found in the full Agreement. If there is a conflict between the terms of this “Highlights” section and the terms of the full Agreement, the terms of the full Agreement control.
1) Shopping on Our Sites
- Refunds, returns, and exchanges have conditions that you should understand before purchasing.
- Your final total may vary based on item weights, sales prices, coupons and other variations.
- The use of coupons and reliance of prices advertised in sales have conditions that you should understand before purchasing.
- All gift card sales are final and we are not responsible for lost or stolen cards.
2) Reward and Loyalty Programs
- We may offer special rewards and/or loyalty programs through our Sites. These programs have separate program rules.
- Your use of any WiFi we provide is subject to the terms of this Agreement, and by using WiFi you agree to this Agreement.
- We have no obligation to provide you with WiFi.
- WiFi may not be secure.
4) Mobile Applications
- Your use of our Mobile Apps are subject to these Terms and the terms of the App Store Provider.
- If you order from a participating getGo® through a Mobile App, you will be responsible for payment, and any applicable taxes for your order at the time of ordering.
5) Our Rights
- All the Content on our Sites is protected by intellectual property rights―you may only make limited use of the Content you find on a Site, as described below.
- We may block you from accessing our Sites, block or delete your User Content, or terminate your Account for any reason.
- We are not liable for third-party content hosted on our Sites, external websites linked to or from our Sites, or errors regarding product information, availability or promotional offers.
6) Your Use of Our Sites
- Unless otherwise indicated, you only may use our Sites and our Content for your personal use as an individual.
- While on our Sites, you may not violate any laws, infringe any rights, threaten, harass or impersonate others, or take other actions that harm us or other people or parties.
- You must not attempt to bypass security protections on our Sites, introduce viruses or other harmful code, or use our Sites to attack other websites or services.
- If you register for an Account on a Site, you should keep your password confidential and not allow other people to use your Account.
7) Your Content
- If you send us or post or upload User Content to our Sites, we may use that User Content for any purpose, including commercial uses, product development, and advertising.
- If you post your name, personal information, or other User Content to public areas of our Sites, that information might be seen and used by any visitors to our Sites.
- You should not send us or post User Content that 1) you want to keep confidential or 2) you do not have the rights to post.
8) Important Things to Know
- By using a Site, you consent to the terms of this Agreement. We may update this Agreement from time to time, and we will use reasonable efforts to provide you with notice of these updates if they are material.
- THIS AGREEMENT CONTAINS LIMITATIONS ON OUR LIABILITY TO YOU, IMPORTANT DISCLAIMERS OF WARRANTIES, AND INDEMNIFICATION OBLIGATIONS BY YOU.
- THIS AGREEMENT GOVERNS HOW DISPUTES WITH US WILL BE HANDLED, INCLUDING USING BINDING ARBITRATION WITH A CLASS ACTION WAIVER.
- Your use of a Site may be governed by other terms and conditions applicable to certain features or promotions. You should also read our Privacy Notice.
- This Agreement contains information about how you can contact us regarding complaints, questions or copyright infringement claims.
Some of our Sites may allow you to purchase products directly on them (“eCommerce Sites”). Although we have a variety of eCommerce Sites that sell different types of products and services, the provisions of this Agreement apply to all of them.
Refunds, returns, and exchanges will not be issued for products that have not been purchased directly through a Site. We reserve the right to deny a refund, return, and/or exchange if we determine that our policy is being abused. We may use any means available to us, including coordination with other companies, to determine if you are abusing our policy. This decision is made in our sole discretion and determination.
Some of our Sites may allow you to purchase products directly on them (“eCommerce Sites”). Although we have a variety of eCommerce Sites that sell different types of products and services, the provisions of this Agreement apply to all of them.
We may make improvements and/or changes in products or services described on the Sites, add new features, or terminate a Site at any time without notice. We also: (a) reserve the right to change the goods and services advertised or offered for sale through an eCommerce Site, the prices or specifications of such goods and services, and any promotional offers at any time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on a Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that information on a Site (including without limitation product descriptions, colors or photographs) is accurate, complete, reliable, current or error-free; and (e) reserve the right to modify, cancel, terminate or not process orders (including accepted orders) where the price or other material information on an eCommerce Site is inaccurate, where we have insufficient quantities to fulfill an order or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Unless otherwise indicated, products sold on the eCommerce Sites are intended for end use in the United States and are not labeled or intended for international distribution.
Your final total may vary based on item weights, sales prices, coupons and other variations. Please see our full Pricing Disclosure for more details.
Taxes: If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.
Payment Processing: We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices.
North Carolina Residents: By purchasing products through eCommerce Sites, you are affirmatively consenting and have not withdrawn your consent to completing your grocery transaction by electronic means. You may withdraw this consent by not completing the grocery order online, however, we cannot deliver groceries (or prepare an order for pick up, where that service is offered) unless the order is completed online. You have the right to receive a paper record of your transaction. The paper copy will be delivered with your order, or you many request a replacement copy within 30 days by contacting by us by phone toll-free at [insert toll free number].
Coupons, Sales, and Special Offers
We make various promotional offers from time to time on our Sites. Some offers may be informational and found only on our Sites. Coupons may be printed or may be downloaded to your Giant Eagle Advantage Card® (if you are a customer), and in some cases, may be scanned from our apps. We ask that you review the guidelines associated with each special offer, as they will differ. Manufacturers’ coupon warranties are maintained by the individual manufacturers. Coupons offered by the Company will each have relevant information about the duration and limitations of the coupon. In the event we have inadvertently made a typographical error on any coupon or special offer, we reserve the right to suspend redemption or terminate altogether the coupon or offer. You can view our full Coupon Redemption Policy here.
We may also offer our visitors and/or customers the opportunity to participate in Contests and Sweepstakes. In each case, please check the rules associated with the particular promotion to determine your eligibility and to review any privacy concerns you may have.
Gift Card Purchases
Gift cards may take up to 24 hours to activate. All sales are final. Not all gift cards are available at all stores. We are not responsible for lost or stolen cards. Your purchase of our brands of gift cards; Giant Eagle®, getGo®, Market District®, or wetGo® are excluded from our rewards programs.
Our brands of gift cards; Giant Eagle®, getGo®, Market District®, or wetGo® have no fees and do not expire. Gift cards are not redeemable for cash and can only be used to purchase products through our stores. Other retailer gift cards cannot be exchanged, returned, or refunded. Other retailer gift cards are subject to various terms and conditions, please review the terms and conditions of the gift card before purchasing. Certain participating retailers are not located in all areas. Messages containing obscene or vulgar language will not be accepted. Use of the Gift Card Gallery® website constitutes acceptance of giftcardmall’s Terms of Service. Note that by clicking the link to the GIFT CARD GALLERY® terms, you will be redirected to a website that is owned and operated by a third party company. For additional information, please visit our Frequently Asked Questions.
When making a purchase, you must present the gift card to the cashier or enter in the gift card number into the appropriate field during online checkout. The gift card balance remaining will print or be displayed on the sales receipt. To obtain remaining balance, check the sales receipt, present the gift card to the cashier or customer care associate to perform a balance inquiry, or view your Mobile Gift Card Wallet.
Certain products on our Sites may be marked as “Safer Choice.” The Environmental Protection Agency’s (“EPA”) Safer Choice recognition does not constitute endorsement by the EPA or Giant Eagle® of this product. The Safer Choice label signifies that the formula for this product, as Giant Eagle® has represented it to the EPA, contains ingredients with more positive health and environmental characteristics than conventional products. The EPA/Safer Choice relies solely on Giant Eagle’s® integrity and good faith, for information on the composition, ingredients, and attributes of its products.
EPA/Safer Choice has not independently identified, i.e., via chemical analysis, the ingredients in the product formula, nor evaluated any of Giant Eagle’s® non-ingredient claims. EPA/Safer Choice provides its evaluation only as to the environmental and human health characteristics of the product, based on currently available information and scientific understanding.
Some Sites and brands may offer rebates on certain products. Rebates require you to provide us with certain information after your purchase in order to receive money back. Each rebate is specific to the promotion and may require you to provide us with information such as:
- Your name
- Your contact information
- The original sales receipt
- The UPC code, if applicable
- The rebate slip or form
REWARD AND LOYALTY PROGRAMS
We may provide access to WiFi connections or similar network connections to you (“WiFi”). BY USING WIFI, YOU ARE AGREEING TO THIS AGREEMENT. Your use of WiFi is subject to this Agreement and permitted only while you comply with this Agreement. We are under no obligation to provide WiFi to you, and may terminate or suspend your access at any time and for any reason. WiFi networks may be open wireless networks and in any case are not intended to be used for transmission of personal, financial, or sensitive information. No network communication is 100% secure, and users should take care when using a generally available WiFi connection. We do not control and are not responsible for data or content that you access or receive via the WiFi. We are not a publisher of third-party content that can be accessed through the Service and are not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service.
We reserve the right to monitor or store any transmission made through the WiFi, but we have no obligation to do so.
WIFI IS PROVIDED ON AN AS-IS BASIS AND WE MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE AVAILABILITY, FUNCTIONALITY, OR SECURITY OF WIFI.
- Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through a Site any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;
- Post to or transmit through the Sites any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
- Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to a Site;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with a Site, or express or imply that we endorse any statement you make;
- Violate, or attempt to violate, the security of a Site;
- Disseminate on a Site any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
- Use scripts, macros or other automated means to impact the integrity of reward programs and/or loyalty programs, voting, ratings or similar features;
- Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Sites;
- Build a competitive product or service using the Sites, build a product or service using similar ideas, features, functions, or graphics as the Sites or determine whether the Sites are within the scope of any patent;
- Interfere in any manner with the operation or hosting of the Sites or monitor the availability, performance, or functionality of the Sites;
- Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on a Site or to collect any information from a Site or any other user of a Site; or
- Assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the Sites.
Linking: You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking Site does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a Site’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content. We may revoke these permissions at any time.
Sites may allow you to download certain Content, applications, software, and other information or materials. The Company makes no representation that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with the Company or a third party, for example an agreement with a mobile application store.
Some of our Sites may be mobile or other applications that you can download to your phone, tablet, or other device (“Mobile App”) via a third-party service such as an application store. Your use of the third-party service may be subject to additional terms related to that service from the service provider (“App Store Provider”). WE ARE NOT LIABLE IN ANY WAY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO, ANY SUCH THIRD PARTY SERVICE OR ANY CLAIM OR DAMAGE RESULTING FROM YOUR USE OF SUCH THIRD PARTY SERVICE.
When you use our Mobile App, you are subject to additional terms from the App Store Provider. These terms may give us, and the App Store Provider, additional rights while posing additional obligations or restrictions on you. Please review such terms, you are solely responsible for reviewing and understanding those terms and ensuring you have the latest version.
If you downloaded the Mobile App from the Apple “App Store,” you are subject to Apple’s Licensed Application End User License Agreement, available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. If you downloaded the Mobile App from the “Google Play” store, you are subject to the Google Play Terms of Service available at: https://play.google.com/about/play-terms/index.html. If you used a different third party service, check with the applicable App Store Provider to determine what additional terms may apply.
Mobile App Purchases
We may offer the ability to order items at select locations through our Mobile Apps. Menus, product selections, and prices may vary depending on the location.
If you order from a participating getGo® through our application, you will be responsible for payment, and any applicable taxes for your order at the time of ordering. You must provide valid payment card and billing information. We will provide an order confirmation and estimated total price at the time of order. Your credit card will be processed for payment prior to pick-up time. We will send you a digital receipt via e-mail containing the actual amount charged to your credit card for your getGo® order. Valid digital coupons that have been loaded onto your Giant Eagle Advantage Card® may be accepted toward your payment, but paper coupons cannot be accepted. Payments cannot be accepted at the getGo® counter. If your item is not available upon your arrival at getGo®, we will offer you a substitute item or a full refund to the credit card you used to place your order.
We reserve the right to discontinue mobile ordering and payment at any time.
Mobile Gift Card Wallet
We may offer the ability, using our Mobile Apps, to enter and store information about gift cards you own so you can electronically manage those gift cards. After entering information about your gift cards, you may view card details, and check your gift card balance to the extent the issuer or the processor of the gift card makes such card detail and balances available to us. We do not store your credit card information.
We do not charge you to use the gift card wallet, but message and data rates may apply from your mobile phone service provider, and you are responsible for any such fees and charges.
You are solely responsible for entering your gift card information accurately. Your use of the gift card wallet is at your own risk. We are not responsible if there is an issue with redemption or if you lose or delete the card. You should retain your plastic card.
You may not use the gift card wallet for any illegal or unauthorized purpose. We may terminate or suspend your use of the mobile gift card wallet if we determine that you have accessed or used the wallet improperly.
Mobile Check-Out Services
We may offer you the ability to scan items for purchase with a mobile device at certain locations and to check-out using the mobile device. Depending on the location you visit, this service may be called Scan Pay Go™ or Scan Pay & Go™ (collectively defined in this Agreement as “Scan Pay Go™”). If you use Scan Pay Go™, you agree to the following terms and conditions:
You may be given the option to use your smartphone or a store owned device. If you use your smartphone, you must first download the “Giant Eagle Scan Pay Go” App found at the App Store or Google Play for your device, if available. The App may not be available for all devices. If you use your smartphone, you must use the store’s WIFI. We cannot guarantee connectivity with your mobile service or uninterrupted or error-free service of the App.
You agree to accurately scan all items when using Scan Pay Go™, and to pay for all items. If you are unable to scan any items for any reason, you must alert a store employee to make sure all of your items have been scanned and are listed on your receipt.
We may audit some or all of the items in your possession. We may also review your receipt (either your paper receipt or your receipt on your digital device, including your smartphone). We may re-scan some or all of your items to verify the price. If there is a discrepancy in some or all of your item prices, the amount confirmed by the store employee will be the amount payable by you.
We reserve the right to suspend or terminate your use of the Scan Pay Go™ service. In addition, we reserve the right to modify, suspend, or eliminate the Scan Pay Go™ service at any of our stores.
Remember, your use of our Scan Pay Go™ service constitutes your acceptance of these terms. Full program details can be found here.
BY PARTICIPATING IN A TEXT MESSAGE CAMPAIGN YOU ARE AGREEING TO THE DISPUTES, ARBITRATION (AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT), AND CLASS ACTION WAIVER OF THIS AGREEMENT AS WELL AS THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY CHOOSE NOT USE OUR SMS PROGRAMS.
You may be able to sign up to a text message marketing campaign from a Site or through another method provided by us. Text messaging may include one-time or recurring texts related to the following programs:
- Marketing, Offers and Coupon Programs
- Service Appointments and Reminders
- Informational Services or Alerts
- Order Tracking and Delivery Alerts
- On-Demand Text Message Reply Services
To opt in to a SMS Program, please follow the instructions provided by the specific SMS Program you wish to enroll in, such as through online or application-based enrollment forms or by texting a keyword to the five-digit short code associated with the SMS Program 737587, and completing the sign-up instructions found in the text message received. Upon your request to sign-up to a recurring SMS Program, you will receive two (2) text messages as part of the process confirming your desire to opt-into the SMS Program (first an opt-in request message, and once you have replied “Y” or “YES” you will receive a sign-up confirmation message). Consent to receive SMS messages is not required as a condition to purchase products or services.
Opting Out and Seeking Assistance
You may opt out of these communications at any time by texting “STOP” in response to the text message you received. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from that particular short code. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If at any time you forget what keywords are supported, just text “HELP” to the text message you received. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
Costs and Frequency of Messages
Message and data rates may apply. If you have any questions about your text or data plan, it is best to contact your wireless provider.
Unless otherwise noted, Giant Eagle® may send multiple, recurring messages depending on the SMS Program you’ve enrolled in and/or terminate the SMS Program or your participation in it at any time with or without notice.
Participating carriers where we are able to deliver messages include US-based major mobile carriers. Mobile carriers are not liable for delayed or undelivered messages to the customer. If you mobile carrier is not participating, you will not receive a reply to your messages. Some mobile carriers may not support some of the services at the prices offered. Pre-paid users may not be able to participate and need to check with mobile carrier.
You must notify us if you give up a telephone number that is subscribed to a text message marketing program or if the number is otherwise reassigned. To do so, or find out more information on our text message marketing programs, contact us. Our Privacy Notice applies to text message marketing programs.
CONTENT SUBMITTED BY YOU
You are responsible for any information, text, reviews, posts, images, videos or other materials or content that you post on a Site, upload to us, or transmit through our Sites (“User Content”). You agree, represent and warrant that any User Content you post on a Site or transmit through our Sites is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall not upload, post or otherwise make available on or through a Site any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). If you are uploading a receipt, you represent and warrant that you have the right to upload the receipt and understand that receipts may contain information about your transaction. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content. PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.
User Content License: By submitting User Content to us directly or indirectly (including through any use of third party social media platforms directed at us), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license: (a) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (b) to incorporate such User Content in other works in any form, media, product, service or technology now known or hereafter developed for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works); and (c) to use your name, screen name, location, photograph, avatar, image, voice, likeness and biographical information provided in connection with the User Content in any and all media and for advertising or promotional purposes. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through a Site, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such User Content as permitted through the functionality of a Site and under this Agreement. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any information that directly or indirectly identifies you, another individual, or a household (“personal information”) you submit to us through our “contact us” forms, product order pages, job application portals or other forms that are intended to be confidential will be handled in accordance with our Privacy Notice and will not be publicly disclosed, except as described in our Privacy Notice or otherwise approved by you.
Interactive Features and Forums
We may host message boards, user-generated content, reviews, blogs, and other interactive features or services through which users can post or upload User Content or otherwise interact with our Sites or something on them (each, a “Forum”). We do not endorse User Content posted in Forums, cannot guarantee the accuracy or authenticity of such User Content, and are acting only as a passive conduit for such User Content. User Content may include suggestions for uses of our products that have not been evaluated or approved by us; we do not recommend such uses. You should never use our products in any manner other than as is described on its packaging. WE RESERVE THE RIGHT TO REMOVE ANY FORUM CONTENT, OF ANY VARIETY, AT ANY TIME FOR ANY REASON.
Forums are Public: You acknowledge and agree that Forums are public spaces and that your participation in such Forums creates no expectation of privacy. Further, you acknowledge that any User Content you communicate in Forums may be seen and used by others. You understand that our staff, outside contributors, or other users connected with us may participate in Forums or other aspects of the Sites and may employ anonymous user names when doing so. Any user failing to comply with this Agreement may be expelled from and refused continued access to Forums in the future. However, we are not responsible for User Content that you or others choose to communicate in Forums, or for your actions or the actions of other users. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER USER CONTENT PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE SITES, YOU DO SO AT YOUR OWN RISK.
Our Rights: You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate User Content before allowing it to be posted on a Site or any Forum; (b) monitor User Content and Forums; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any User Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (d) disclose any User Content, and the circumstances surrounding its transmission, to any third party in order to operate a Site, to protect us, our Site visitors or others, to comply with legal obligations or governmental requests, to enforce this Agreement, or for any other reason or purpose we deem appropriate. If you see User Content on our Sites that you believe violates this Agreement, please contact us.
Sharing Site Content: Our Sites may also allow you to make recommendations or send Content to others, for example through an “email this” feature that will send content to the email address you provide. Only provide contact information for individuals who have told you they want to receive the Content. By providing someone’s contact information, you represent and warrant that they have confirmed to you that they want to receive the Content.
Some of our Sites allow you to register for accounts specific to you for ordering, storing your favorite recipes on our Sites, creating shopping lists and menus, participating in our online discussions, receiving email offers from us, participating in reward programs, and other purposes (“Account”).
In general, you are not obligated to register for an Account in order to access the Sites. However, certain sections and features of some of the Sites are available only to users who have registered for an Account ( “Registered Users”). Registered Users who have a Giant Eagle Advantage Card® may choose to register that card on our Sites. We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; or that is offensive. You may only have one active Registered User Account on each Site at any given time and you may not allow other people to use your Account to access a Site or participate in a reward program.
If you are a Registered User, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access a Site in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people.
You agree to notify us of any unauthorized use of your Registered User username, log-in ID, password or any other breach of security that you become aware of involving or relating to a Site by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Sites and your Account, including without limitation, terminating your Account, changing your password or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
Descriptions, Testimonials, Opinions
Sites may contain expert opinions. Information on Sites identified as expert opinion, or accessed from this Site by hyperlink, represents the opinions of these respective experts, which are not necessarily those of the Company. Certain Sites may also make statements related to supplements or similar products. Those statements should not be taken as medical advice or statements about a supplement’s effectiveness or suitability for treatment of a medical condition. You should always consult a qualified physician for matters related to your health, and a qualified veterinarian for matters related to the health of your pets.
Sites may allow you to leave product reviews, opinions, or testimonials, all of which is User Content. If you leave a review on another Site, we may (but are not required to) reach out with a separate agreement to further define our rights in the User Content.
Descriptions and graphic representations of products on Sites are for informational purposes only and may not completely reflect the current product or its packaging. We reserve the right to change product descriptions at any time, and we are not responsible for variations between a product description and the actual product. Technological issues, such as your device settings, may alter how a product appears on a Site.
WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY TESTIMONIAL, DESCRIPTION, OR OPINION POSTED ON ANY SITE TO THE MAXIMUM EXTENT ALLOWED BY LAW. CLAIMS CONTAINED IN TESTIMONIALS, DESCRIPTIONS, OR OPINIONS MAY NOT HAVE BEEN SUBSTANTIATED SCIENTIFICALLY OR BY THE FOOD AND DRUG ADMINISTRATION. YOU UNDERSTAND THAT NONE OF OUR SITES PROVIDE MEDICAL ADVICE, MAKE CLAIMS ABOUT DRUG EFFECTIVENESS, OR DETAIL TREATMENTS FOR SPECIFIC ILLNESSES OR AILMENTS.
Third-Party Content and Links
Any information, statements, opinions, or other information provided by third parties and made available on our Sites are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness, or reliability of any opinion, advice, service, offer, statement, or other third-party Content on our Sites. We are not responsible for, and cannot guarantee the performance of, the products, other goods and services, or their respective information, descriptions, or materials provided by third parties, manufacturers, our advertisers, or other third parties to whose sites we link.
We may provide on the Sites, solely as a convenience to users, links to websites, social media pages, mobile applications or other services operated by other entities. If you click these links, you will leave our Sites. If you decide to visit any external link, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked Sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked Site is authorized to use any of our trademarks, logos or copyright symbols.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Copyright Infringement Notices
It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA"). If you believe your intellectual property has been taken, please click here and review our terms on the Digital Millennium Copyright Act to find out how to convey your concerns.
OUR INTELLECTUAL PROPERTY RIGHTS
All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Sites (the “Content”) are protected intellectual property of, or used with permission or under license by, our Company. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of each Site, copyrighted and protected as a collective work. All intellectual property rights associated with the Sites, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Sites. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on a Site is strictly prohibited.
Subject to your compliance with this Agreement, we grant you a limited license to access and use the Sites and their Content for personal, informational, and shopping purposes. No Content from the Sites may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with this Agreement and retain the same solely for as long as you continue to be permitted to access the Sites. To use Content under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such Content pursuant to any licenses associated with such Content, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Content, and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of a Site or the Content.
ADDITIONAL PROGRAM TERMS
Giant Eagle Advantage Card®
Using the Giant Eagle Advantage Card®, customers may be able to download special offers directly to their cards, which will be automatically redeemed when the card is scanned at checkout with qualifying purchases. Special offers may also be scanned from certain of our Mobile Apps. For more information on the Giant Eagle Advantage Card® program, click here.
When you are asked to select your digital receipts preferences, you confirm that you are an authorized user of the Giant Eagle Advantage Card® number show on the Site and you agree that your receipt may be automatically emailed to your designated email address. Other persons using your card number may also register their email addresses with this card number. Your email address may be displayed at point of sale or otherwise disclosed to other persons using this card number. It is the customer's responsibility to make sure that the address is valid and up to date and that you have adequate equipment and online access to receive and view the receipt. Other persons using this card number may choose to email their receipts to your address and you may choose to send your receipts to another email address associated with this card number. You are responsible for safeguarding your Giant Eagle Advantage Card® and the disclosure of your email address or other information to other persons with access to your card number or Giant Eagle Advantage Card® account. Please note that any personally identifiable information you submit through the Advantage Program will be handled in accordance with our Privacy Notice.
Curbside Pickup + Delivery
We offer the curbside pickup + delivery service to you so that you may order your grocery items online and have your order delivered right to your car at the store you select or via home delivery in certain locations. The curbside pickup + delivery service is only available at select stores and locations.
In order to use the curbside pickup + delivery service, you must create an Account. Once you have placed an order for curbside pickup + delivery services through your Account, we will send you an order acknowledgment by email setting out what you have ordered. This is not an order confirmation or acceptance from us.
By placing an order on a Site to utilize the curbside pickup + delivery service, you are offering to purchase the products you have selected. Our acceptance of the offer occurs at the time we deliver your order to you at pickup at your preferred local store, or, if your local store offers home delivery, at the time we prepare your order for delivery on the day delivery is scheduled. We will send you an electronic communication acknowledging receipt of your order including the items and quantities you selected, as well as an email reminding you of your pickup time.
We aim to deliver your goods within the delivery or pickup window you selected when placing your order, but do not guarantee that goods will be delivered or available for pickup on or by a certain date. Giant Eagle® will not be liable for delivering the goods outside of the requested delivery or pickup slot or failing to deliver or make available for pickup all or any of the goods in your order.
Pricing and product availability are estimates only and are subject to change without notice prior to delivery to your car or home. This means that if you schedule a delivery for a future date, the price of the products may change from the time you place your order online to the time that you arrive at the store to pick up your order, or when your order is processed for home delivery.
There may be a minimum order value, which may change from time to time. In addition to the price of goods, additional charges as shown at checkout will be payable by you. Such charges may include service fees for deliveries to your car or home, bottle deposits and single-use plastic bag fees applied at the time of order placement. Tipping is optional for Curbside services. All prices quoted are exclusive of tax and estimated when you place an order. The final taxes and applicable fees will be calculated on the day your order is picked up and/or delivered. In the event your order must be fulfilled using products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered.
Payment for curbside pickup + delivery services must be made online. Payment can be made via most major credit cards, Paypal, Masterpass, Giant Eagle® gift card, EBT or SNAP. You can save your credit card information to your Account. All relevant credit card information is encrypted with an aim to minimize instances of fraud. EBT payments may be required to be handled differently.
Your online payment will be processed when your order has been fully prepared for pickup or delivery. Valid digital coupons, promotions, or additional offers that are in effect at the time your payment is processed will be honored. Paper coupons will not be accepted for pickup or home delivery. You may edit or cancel your order online up until the earlier of the time your shopper starts to shop your order, or four hours prior to the pick-up or delivery time at no cost. In case of an emergency, you may be able to cancel your order by calling the curbside pickup + delivery department at your fulfillment location, which can be found in your order confirmation email.
When splitting transactions across various payment methods, SNAP payments are taken first, followed by any gift cards you may have, then any additional payment sources such as credit or debit cards.
All SNAP transactions require a PIN and are authorized at the time of checkout. SNAP Funds will be withdrawn immediately upon placing your order. Your authorization cannot be increased after you check out. In the event of overages, funds will be returned to your SNAP account on your fulfillment date. If you cancel or edit an order to reduce the SNAP subtotal, a refund will be issued to your SNAP account immediately and you will receive a receipt that indicates your balance after the refund. If an order is edited to add new SNAP-eligible items post online checkout, an additional transaction will be created for the new items only.
If you have questions about a transaction or other SNAP details, please contact the number on the back of your SNAP card.
Product Availability and Substitutions
While we try to update our Sites when products are not available or are in limited supply, we cannot guarantee that the product you order, or the quantity you order will be in stock and available at the time your order is processed. We may revise and discontinue products at any time and are not responsible for typographical errors or misprints. At the time you place your order you will be given the opportunity to choose whether substituted products are acceptable in the event the product you order is temporarily out of stock or limited in quantity. You can also tell us not to make substitutions, in which case the unavailable product will not be included in your order. In the event the quantity you ordered is not available, we may elect to provide the available quantity along with some substituted product depending on your preference.
If we make a substitution to your order, a Team Member will text or call with an alternative option. If you accept the replacement, you will be charged the price of the replacement item. If you are unsatisfied with any substitutions, please contact Customer Care at 1-800-553-2324 or 1-866-620-0216 (Indianapolis Customers) for assistance.
If any product in your order for which you have paid is missing from the items you received please contact the store from which you picked up or placed your order, the address and telephone number of which appears on the receipt you receive with your order and/or by email. At our option the missing items will be made available to you for pickup or will be delivered to you instead of offering you a refund. Refunds will be credited to the payment card used to purchase the order.
Text Message Communications
As part of the curbside pickup + delivery service we ask you to provide a mobile telephone number that can be used to contact you regarding your order. We will use this number to call or send text message communications to communicate out of stock items and to recommend substitutions. Additionally, for pickup orders, you will receive a text message with a link to tell us when you are on your way to pick up your order. BY CLICKING THE LINK IN THE TEXT MESSAGE, YOU AGREE TO ACCEPT LOCATION SERVICES SO THAT CURBSIDE PICKUP + DELIVERY CAN DETERMINE WHEN YOU ARRIVE AT THE STORE. Message and data rates may apply. To opt-out of text messages, respond STOP and you will no longer receive these notifications. If you choose to no longer receive SMS notifications, you will no longer be able to take advantage of the text features. Please note these services may not be available at all locations.
Alcohol or Other Age-Restricted Products
We offer alcohol delivery to your car or home from select locations. If you are in the coverage area for this service, beer, wine and spiritous liquor may be available through the curbside pickup + delivery service. You must be 21 or older in order to place or receive an alcohol delivery to your car or home. You cannot use curbside pickup + delivery to order alcoholic products unless you are 21 years of age or older. curbside pickup + delivery cannot deliver alcohol products to any person who is not a lawful consumer. YOU AGREE THAT YOU WILL NOT USE CURBSIDE PICKUP + DELIVERY TO ORDER ALCOHOLIC PRODUCTS UNLESS YOU ARE 21 YEARS OF AGE OR OLDER AND YOU WILL COMPLY WITH ALL APPLICABLE LAWS RELATED TO YOUR PURCHASE, POSSESSION OR OTHER USE OF ALCOHOL AND WILL NOT CAUSE ANY OF THE COMPANY OR THIRD-PARTY DELIVERY CONTRACTORS TO CONTRAVENE OR VIOLATE ANY APPLICABLE LAWS. Upon delivery of alcohol products, the recipient agrees to provide valid government-issued photo identification to the delivery personnel. The recipient will not be intoxicated or otherwise ineligible to receive delivery of alcohol products. We reserve the right, in our sole discretion, to refuse delivery of such products and cancel that portion of the order if the legal requirements for delivery of alcohol are not met, or for any other reason.
Giant Eagle Ship to Home Marketplace™
Giant Eagle® operates an online ecommerce marketplace program on the Giant Eagle® Sites which enables Marketplace Sellers (as deﬁned below) to market and sell their products alongside Giant Eagle® products and, once an order is placed, to ship such Marketplace Sellers’ products directly to you as the customer (the “Giant Eagle Ship to Home Marketplace™,” “Ship to Home,” or the “Giant Eagle Marketplace™”).
Any use of the Giant Eagle Marketplace™ is subject to the following additional terms:
When we say “Marketplace Seller,” we mean any third party entity or retailer that markets and sells any goods or services (“Marketplace Products”) in the Giant Eagle Marketplace™, uses any order processing, fulﬁllment, shipping, or other services related to the Giant Eagle Marketplace™ provided by or for Giant Eagle®, or uses any platform, portal, web service, application, interface, or other tool provided by or for Giant Eagle® in connection with the Giant Eagle Marketplace™.
By purchasing a Marketplace Product from any of our Marketplace Sellers, you acknowledge that all Giant Eagle Marketplace™ orders will be fulﬁlled by the third-party Marketplace Seller and not Giant Eagle®. The Marketplace Seller (and not Giant Eagle®) will be responsible for all order processing, fulﬁllment and shipping. Giant Eagle® is not responsible for sourcing or fulﬁlling any order for Marketplace Products. Marketplace Product pricing is determined by the Marketplace Seller.
Marketplace Products purchased from a Marketplace Seller cannot be returned to a Giant Eagle® store or GiantEagle.com. Unless otherwise directed, any issues related to Marketplace Products can be directed to Giant Eagle® Customer Care at https://shop.gianteagle.com/contact-us or call us at 1-800-553-2324 Monday – Friday 9:00 am – 9:00 pm Eastern Time.
To the fullest extent provided by applicable law, Giant Eagle® has no responsibility or liability for any Marketplace Seller, their products, their representations or any acts or omissions, including related to the order processing, fulﬁllment, shipping, delivery or other issues related to such products.
The Giant Eagle Marketplace™ may include products for children’s use; however, these products are intended for sale to adults and may only be purchased by persons 18 years of age or older.
Giant Eagle® is not responsible for, and cannot guarantee the performance of, the products, other goods and services, or their respective information, descriptions, or materials provided by third parties, including any Marketplace Seller, our advertisers, or other third parties to whose sites we link. While we take efforts to provide accurate information, product packaging and material may contain more and/or different information than that provided on Giant Eagle® Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information.
Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition, and not the substitute for advice given by a licensed health care professional.
If you ﬁnd a product is not as described, your sole remedy is to contact our Giant Eagle® Customer Care Team at https://shop.gianteagle.com/contact-us or call us at1-800-553-2324 Monday – Friday 9:00 am – 9:00 pm Eastern Time. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any product.
This Agreement applies exclusively to your access to, and use of, the Sites and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional policies and terms may apply to use of specific portions of a Site, specific programs, and/or the purchase of certain merchandise or services, and are included as part of this Agreement whether they reference this Agreement or not
Other types of agreements and policies that you may be subject to include, but are not limited to:
- Privacy Notice
- Various Rewards Program Terms and Conditions
- Digital Millennium Copyright Act Policy
- Price Accuracy Policy
- Check Cashing Policy
- Notice of Pharmacy Privacy Practices
- Employment agreements
Any sweepstakes, contests, coupons, rebates or other promotions made available through a Site may be governed by specific rules that are separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission and/or entry are valid; you agree to read and abide by the applicable rules.We have also adopted a Privacy Notice that you should refer to in order to fully understand how we use and collect information. To learn about our privacy practices, please refer to our Privacy Notice.
Should we employ you, none of the materials provided on a Site constitute or should be considered part or of an employment contract or an offer for employment.Back to the Top
IMPORTANT LEGAL TERMS
The Sites and this Agreement are in effect until terminated by you or us. We may terminate this Agreement by notifying you using any contact information we have about you or by posting such termination on a Site, including in your Account. You may terminate this Agreement by providing written notice of termination, including your detailed contact information and any Account information or other Site credentials, to us using the information in the Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to a Site or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.
The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
Upon any such termination, (i) you must destroy all Content obtained from the Sites and all copies thereof; (ii) you will immediately cease all use of and access to the Sites; (iii) we may delete or disable access to any of your User Content at any time; (iv) and we may delete your Registered User Account at any time. Termination of this Agreement will end your participation in any reward program and forfeit any benefits you have accrued thereunder. You agree that if your use of a Site is terminated pursuant to this Agreement, you will not attempt to use that Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of a Site after termination will be a violation of this Section, which survives any termination.
Even after the termination of this Agreement or of your Account or access to a Site, any User Content you have posted or submitted may remain on a Site indefinitely.
Our Sites are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under 13. YOU MUST BE AT LEAST 13 TO ACCESS AND USE OUR SITES. YOU MUST BE AT LEAST 18 YEARS OF AGE TO TRANSACT PURCHASES OF PRODUCTS VIA OUR SITES. If you are under the age of majority in your home state, which is 18 in most states, you may not establish a registered Account with us, and you should use our Sites only with the supervision of a parent or guardian who agrees to be bound by this Agreement. Additionally, certain Sites or sections of our Sites, as well as promotions, programs and commerce we may offer on a Site, may be explicitly limited to people over the age of majority. If you are not old enough to access our Sites or certain sections or features of our Sites, you should not attempt to do so.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online. Please note that we do not endorse any of the products or services listed at such Sites.
Disclaimer of Medical Advice
IN THE EVENT OF A MEDICAL EMERGENCY, CONTACT EMERGENCY SERVICES IMMEDIATELY.
THE CONTENT CONTAINED ON SOME OF OUR SITES MAY CONTAIN INFORMATION ABOUT INGREDIENTS, PROCESSES, AND/OR THERAPIES THAT ARE NOT EVALUATED OR REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. OUR SITES MAY ALSO CONTAIN INFORMATION ABOUT MEDICAL CONDITIONS AND MEDICAL TREATMENTS. SUCH INFORMATION IS INTENDED AS AN EDUCATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR A PROFESSIONAL MEDICAL DIAGNOSIS, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PHARMACIST OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT OR A CHANGE IN YOUR PERSONAL CARE OR HEALTH CARE REGIME. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON A SITE. WE ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR USE OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, YOU CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR YOU CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE CONTENT.
Disclaimer of Warranty
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE CONTENT AVAILABLE ON A SITE OR ANY OTHER SITES LINKED TO OR FROM A SITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF ANY REWARD PROGRAM. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH A SITE IS DONE AT YOUR OWN RISK. THE CONTENT OF A SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
Limitation of Liability
WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS AND RETAILERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE A SITE OR REWARD PROGRAM, A SITE’S CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE.
RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.
You agree to indemnify, defend and hold us and the Releasees and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with a Site; or (iii) the Content or other information you provide to us through a Site. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
New Jersey Residents
If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability; (c) Indemnity; and (d) under Disputes, the Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
Consent to Communication
When you use a Site or send communications to us through a Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of a Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, creating a Registered User Account, registering for a reward program, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Notice.
If any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable.
Updates to this Agreement
We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of our Sites. Your continued use of a Site will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Site, an email to the address we have on file, or a message in your Account.
We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.
DISPUTES, ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Any dispute, claim or controversy arising out of or relating to this Agreement, other agreements on the Site, or the Privacy Notice, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in Pittsburgh, PA before one arbitrator or submitted to small claims court in Court of Common Pleas of Allegheny County, Pennsylvania, Civil Division. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules.
No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: 101 Kappa Dr., Pittsburgh, PA 15238. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.
Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
Award: In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,500, whichever is greater.
Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding, all related documents, testimony, and other information exchanged during discovery, and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Governing Law and Rules: This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
If you have questions about this Agreement, or if you have technical questions about the operation of a Site, please contact us through this online form or calling our customer service line at 1–800–553–2324.
Last Updated on: April 4, 2022