Last Updated: May 22, 2018
We reserve the right to modify these Terms at any time. By continuing to use the Site after we post any such modifications, you accept the modified Terms.
You are responsible for the confidentiality of your account, your password, as well as all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify us immediately. Your account may also be restricted or terminated for any reason, in our sole discretion. We may also change, restrict access to, suspend, or discontinue the Site, or any portion of the Site, at any time without notice.
Consent to Electronic Communications:
When you visit the Site or send an email, text message, or other communication from your devices to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you in a variety of ways, such as by email, text, in-app push notices or by posting notices and messages on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We, our suppliers and/or Site visitors may post content on the Site including, without limitation, merchandise information, product descriptions, reviews, and comments (collectively, “Site Content”). Site Content is presented for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. We do not warrant that Site Content is accurate, complete, reliable, current, timely or useful. We are not responsible for and cannot guarantee the performance of, goods and services provided by our suppliers or by third parties to whose sites we link. Product information contained on the Site may be different from information contained on the product materials due to manufacturer changes. Such information and the availability of any product is subject to change at any time without notice. If you find a product is not as described on the Site, your sole remedy is to return it in unused condition to the store from which it was purchased (excluding products that are not eligible for return). Always read labels, warnings, directions, and other information provided with a product before using the product. Please contact the manufacturer directly for additional information about a product.
Health Information on The Site:
No health, wellness, prescription or pharmaceutical information provided on the Site is intended to be a substitute for the diagnosis, treatment and advice of a medical professional. Such information does not cover all possible uses, precautions, side effects and interactions and should not be construed to indicate that any drug is safe for you. Consult the product information (including package inserts) regarding dosage, precautions, warnings, and interactions and your medical professional for guidance before using any prescription, over the counter drug, medical device or any other product or service. 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.
Foodmaxx attempts to display the colors of the products shown on the Site as accurately as possible. However, we cannot guarantee that the color you see on the Site matches the product color, as the display color depends, in part, upon the monitor used by you.
Pricing, Site Errors and Omissions:
Pricing or other errors or omissions may occur on the Site from time to time. Foodmaxx attempts to correct all pricing and other errors or omissions as soon as they are discovered, or as soon as Foodmaxx receives notice of an error. Foodmaxx reserves the right to cancel any promotions or offers containing pricing or redemption value errors or other errors, with no further obligations to you, even after your receipt of a confirmation from Foodmaxx.
References on the Site to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. We are not responsible for the content of any third party linked site or any link contained in any linked site. Your use of a third-party site linked from our Site is at your own risk and will be governed by such third party's terms and policies.
Reviews, Comments, Communications, and Other Content:
Site visitors may be permitted to post and submit reviews, comments, photos, videos, and other content to the Site, so long as the content is not, in Foodmaxx’s sole discretion, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or non-family-friendly, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content you post on the Site or submit via the Site.
If you post or submit content to us, and unless we explicitly state otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media, whether now known or unknown. You grant to us and our sublicenses the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post or submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right, but not the obligation, to monitor or edit or remove any activity or content on the Site. We take no responsibility and assume no liability for any content posted or submitted by you or any third party.
All copyrights, trademarks, trade dress, other intellectual property and materials on the Site (collectively, the “Intellectual Property”) are owned, controlled or licensed by Foodmaxx, one of our affiliates, or by third parties who have licensed their materials to us and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the Intellectual Property and all other materials displayed on the Site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Intellectual Property; (2) do not modify or alter the Intellectual Property in any way; and (3) do not provide or make available the Intellectual Property to any third party in a commercial manner.
No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Site or your accessing, viewing, downloading, or printing of the Intellectual Property. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Intellectual Property, the Sites, or any related software without the prior express written consent of Foodmaxx. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Foodmaxx without its prior express written consent. You may not use any metatags or any other “hidden text” utilizing Foodmaxx’s name or trademarks without the prior express written consent of Foodmaxx. You may not misuse the Site. You may use the Site only as permitted by law and/or as set-forth in the Foodmaxx policies governing such use. The licenses granted by Foodmaxx shall automatically terminate if you do not comply with these Terms.
All software used on the Site is the property of Foodmaxx or its suppliers and is protected by U.S. and international copyright laws. The Intellectual Property and software on the Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Intellectual Property on this Site is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all Intellectual Property on all Foodmaxx Sites is the exclusive property of Foodmaxx and is also protected by U.S. and international copyright laws.
All rights not expressly granted to you in these Terms are reserved and retained by Foodmaxx or our licensors, suppliers, publishers, rights-holders, or other content providers. No Site, nor any part of any Site, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of Foodmaxx.
The Foodmaxx, Lucky, Lucky California, S-Mart, MaxxValue, and Food Maxx names and logos, and all other graphics, logos, page headers, button icons, scripts and service names included in or made available through the Site are trademarks or trade dress of Foodmaxx in the United States and/or the states of California or Nevada, as applicable. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Foodmaxx. All other trademarks not owned by Foodmaxx that appear on the Sites are the property of their respective owners, who may or may not be affiliated with or connected to Foodmaxx. All other marks are the property of their respective owners.
You agree to defend, indemnify and hold Foodmaxx harmless from any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of the Sites and/or any breach by you of these Terms.
If you believe any Site Content infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. 512) by providing the following information:
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Our designated copyright agent for notice of claims of copyright infringement on the Site may be reached at the following address:
Attn: Foodmaxx Privacy Compliance Officer
PO Box 4278
Modesto, California 95352
If you believe that your content that was removed (or to which access was disabled) pursuant to a Digital Millennium Copyright Act notice we received is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, to post and use the content in your content, you may send a counter-notice containing the following information to the Copyright Agent at the address listed above:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Stanislaus County, California, USA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Foodmaxx may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Foodmaxx’s sole discretion.
Any dispute or claim relating in any way to your use of the Sites will be resolved by binding arbitration in the federal judicial district in which you reside in California or Nevada, except to the extent that you have, in any way, violated or threatened to violate any Foodmaxx intellectual property right.
Any Site visitor who intends to seek arbitration must first send to Foodmaxx by certified mail, a written Notice of Dispute (“Notice”). The Notice must be mailed to Foodmaxx Supermarkets, PO Box 4278 Modesto, California 95352 Attn: General Counsel/Arbitration Demand. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.
All arbitrations required by these Terms will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law no arbitration brought under, or with respect to, the Sites (including, without limitation, any Foodmaxx advertisement or disclosure, any email or text message or other communication that Foodmaxx sends to or has with you, or the collection or use of any information about you in connection with the Site), these Terms or your status as a Site visitor is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless Foodmaxx and you agree otherwise, the arbitrator may not consolidate more than one Site visitor’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
For arbitration claims you assert against Foodmaxx in accordance with this section (but not for any arbitration claim against you), Foodmaxx will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside in California or Nevada. Unless unlawful, Foodmaxx will pay its, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
To the extent permitted by law, you will not agree to act as a representative or a private attorney general, or in any other representative capacity, or participate as a member of a class of claimants in any lawsuit against Foodmaxx in any court, or in arbitration, with respect to any claims relating in any way to the Site (including without limitation Foodmaxx advertisements and disclosures, email and text messages Foodmaxx sends to you, or relating to the collection or use of any information about you in connection with the Site), these Terms, or your status as a Site visitor. This section (confidential arbitration) will survive the termination of the relationship between you and Foodmaxx.
Foodmaxx or you may seek injunctive relief in any state or federal court in Stanislaus County, California, USA, (or the nearest such California county if such court is not located Stanislaus County, California) and Company and you consent to the exclusive jurisdiction and venue in the state and federal courts as described herein for injunctive relief purposes.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
THIS SITE IS PROVIDED BY Foodmaxx ON AN “AS IS” AND “AS AVAILABLE” BASIS. Foodmaxx MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Foodmaxx DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Foodmaxx DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED, INCLUDED, REFERENCED OR ADVERTISED ON THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL Foodmaxx OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Foodmaxx HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL Foodmaxx BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE-HUNDRED DOLLARS ($100.00) IN CONNECTION WITH YOUR USE OF THE SITE.
Online Orders & Order Placement:
You must have a valid loyalty program account with us (as determined by our records) to place an online order on the Site.
If you place an online order on the Site, we may require you to supply certain information in connection with your proposed order including, without limitation, your loyalty program account number, your email address, your credit card number, your credit card expiration date, your credit card security code, and/or your billing address. You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing, contact, and related information you provide to us must be truthful and accurate. When you provide such information to us, you give us the right to provide such information to third parties to complete any proposed order. We may require you to verify certain information before we acknowledge or complete any order. The provision of untruthful or inaccurate information to us is a breach of these Terms and may result in cancellation of your order.
When you click “CONTINUE CHECKOUT” at the end of the online order process, you agree to accept and pay for the products and services you have selected, as well as any applicable shipping/handling charges, CRV fees, and taxes or other fees imposed by law. The actual total for your order may vary based on item availability, substitutions, final weight of certain products like meat or produce, and/or price changes prior to payment. Some charges, such as CRV and bag charges are not included in this estimate, and will be added at the register. Ad prices are effective weekly from Wednesday through the following Tuesday ("Ad Week"). You must pick-up and pay for your order by the time your pick-up store closes on Tuesday during an applicable Ad Week to obtain the Ad price. If you have any questions, please contact your store.
Once you have placed an online order on the Site, we will attempt to send you an order acknowledgment via email setting out what you have ordered. Please note that this is not an order confirmation or acceptance from us.
We reserve the right to refuse or cancel any proposed order for any reason, including limitations on quantities available for purchase, inaccuracies, errors in product or pricing information, and/or potential problems identified by our security team. We further reserve the right to do so after you have received an order acknowledgment notice from us. If that happens, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We reserve the right to limit the quantity of items purchased per person/household/order for any reason. We further reserve the right to prohibit sales to dealers or resellers.
Online Orders: Pricing
There may be a minimum online order value, which may change from time to time. All prices quoted online are exclusive of taxes and applicable fees (including without limitation CRV fees and processing/handling fees). We will provide an estimate of applicable taxes and fees on the checkout page when you place your order. The final taxes and fees will be calculated on the day your order is picked up and your payment is processed. If your order must be fulfilled using products of different weight or volume than what you ordered (for example, fresh meats and vegetables that are sold by variable weights), you will be charged only for the actual weight or volume delivered.
Our online prices will be the same prices as if you shopped in the store that packs or pick up your items. If an item's price changes between the day/time you place your order and the day/time you pick up your order, we will charge you the price that applies at the day/time you pick up your order. If you choose to allow substitutions for your order, and substitutions are made, you will be charged the then-current price for the substitutions.
The prices you see online will match those at the store where your order is packed. Please note that our prices may vary among our physical stores, and that prices may be different on the Site than in our physical stores or on our mobile application(s).
Online Orders: Order Pickup and Order Changes
You may be notified via email when your order is ready for pickup and/or if an item is unavailable at the store you selected when placing your order. Your payment will be processed at the time your order is picked up (if paying in store) or at the time of checkout (if paying online). If another person will be picking up and paying for your order, you must designate that person as an alternate pickup person when you place your order. When picking up your order at the store, you or your alternate pickup person must show a valid United States government-issued identification and provide an appropriate payment mechanism.
We will hold your order for a maximum of 1 day starting from the time that we send you the email notice indicating that your order is ready for pickup. After 1 day, your order may be canceled. You will be charged for your order when your order is placed or picked up, in our discretion and otherwise described on the Site.
Our goal is to have your order available for pickup within the pickup window you select when placing your order, but we cannot guarantee that your order will be available for pickup on or by a certain date/time. We will not be liable for making your order available outside of the requested pickup timeslot or failing to make available for pickup any or all of the items in your order.
We place limitations on when changes or cancellations to orders can be made. Generally, we must receive a request to change or cancel an order no less than 4 hours prior to the scheduled order pickup timeslot.
We may, in our discretion, provide you with a refund in certain circumstances.
Online Orders: Rewards Account & Promotion Codes
Our promotion codes are limited in nature, may expire or be discontinued with or without notice, and are void where prohibited by law. Promotion codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice.
Online Orders: Alcohol Products
We comply with state and federal laws regarding the sale and delivery of alcoholic beverages. The legal age to purchase alcoholic beverages is 21. No one under 21 may place, receive, or pick up an order that includes alcoholic beverages. Anyone who attempts to receive or pick up an order that contains alcoholic beverages must present valid United States government-issued identification verifying that they are at least 21 years of age.
By using the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Foodmaxx.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Foodmaxx in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or posts on the Site. These Terms, which shall be deemed accepted by you upon your use of the Site and constitute the entire agreement among you and Foodmaxx regarding use of the Site. Foodmaxx’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sub licensable by you, except with our prior written consent. The headings in these Terms are for convenience only and have no legal or contractual effect.
Contact and Violations:
Please contact us with any questions regarding these Terms. Please report any violations of the Terms by calling 1-800-692-5710 or emailing email@example.com.