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Terms of Use

This web site (“Site”) is provided by K-VA-T Food Stores, Inc., together with its affiliates and subsidiaries (collectively, “K-VA-T”) as a service to our customers. The Site includes without limitation (a) services offered through FoodCity.com and other on-line services accessible via the Site (“Services”); and (b) information such as product, program, pricing, marketing and other valuable information and content such as data, text, photographs, graphics, messages or other materials (“Content”). By placing an order through the Site or using the Site in any other manner, you agree to follow and be bound by the following terms and conditions concerning your use of the Site (“Terms”) and our Privacy Policy.

IF YOU DO NOT AGREE TO THE FOLLOWING TERMS, PLEASE DO NOT USE THE SITE

MODIFICATION OF SITE TERMS

We may revise these Terms, Special Terms and/or our Privacy Policy at any time without notice to you. If Terms or Special Terms are revised, we will post the new terms on the Site and note the date they were last updated. Any changes or modifications will be effective upon posting of the Terms or Special Terms as revised, and your use of the Site following the posting will constitute your acceptance of the Terms and Special Terms as revised. Please review these Terms and Special Terms on a regular basis.

K-VA-T SERVICES

K-VA-T may make improvements and/or changes in the scope of Services and/or the programs described or offered through the Site at any time without notice. Furthermore, certain Services and/or programs may not be available in your location. References to those Services and/or programs do not imply that K-VA-T intends to offer them in your location. K-VA-T controls and operates the Site from the USA and makes no representation that the Site is appropriate or available for use in all locations.

PHARMACY CONTENT

All Content, including without limitation, drug and interaction information, provided in the Pharmacy or Wellness area of the Site, is for educational purposes only. Such Content is intended to supplement, not substitute for, the diagnosis, treatment and advice of a medical professional. Such Content 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. Furthermore, some Content comes from third parties and unless expressly stated, K-VA-T does not represent or guarantee that such Content is accurate, complete or timely. Consult your medical professional for guidance before using any prescription or over the counter drugs, and regarding the applicability of any opinions, research results, or recommendations with respect to any symptoms or medical condition.

HEALTH INFORMATION

The health information content on this website is for informational purposes only. None of the contents is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or change in health. Never disregard or delay in seeking professional medical advice because of something you have read on this Site. This Site does not recommend or endorse any specific tests, products, procedures, methods, opinions or other information that may be mentioned on the Site. Reliance on any information provided by or otherwise appearing on this Site is solely at your own risk.

THIRD PARTY CONTENT

Certain Content from third parties may be made available as part of the Site or through links from the Site. Generally, these third parties have obtained such Content from sources believed by them to be reliable. K-VA-T makes no representation with respect to, nor does it guarantee or endorse the accuracy, completeness, timeliness, reliability, suitability, or correct sequencing of any third party Content. Likewise, K-VA-T does not endorse, oppose or edit any opinion or analysis expressed by such third parties. You should refer to the policies posted on third party web sites regarding privacy and terms of use prior to using such sites. You agree that K-VA-T is not responsible for third party Content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content.

HYPERLINKS

You may create a hypertext link to the home page of the Site, but all other linking is prohibited without prior written consent from K-VA-T. You may not use, frame or utilize framing techniques to enclose any K-VA-T trademark, logo or other proprietary materials, including the images posted on the Site, the Content of any text or the design of any page, or form contained on a page without K-VA-T’s express written consent.

K-VA-T makes no claim or representation regarding, and accepts no responsibility or liability for, the quality, content, nature or reliability of web sites accessible by hyperlink from the Site, or web sites linking to the Site. Furthermore, these links do not imply endorsement by or affiliation with any third party or any third party web site, products or services provided by any third party.

SUBMISSIONS

Subject only to provisions outlined in our Privacy Policy any comments or materials submitted to K-VA-T through the Site, including without limitation, feedback data, such as questions, comments, suggestions, or the like regarding the Content (“Feedback”) shall be deemed to be non-confidential. Further, K-VA-T shall be free to use, with no compensation to you, any ideas, concepts, know-how, techniques or methodologies contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and/or services incorporating such Feedback.

OWNERSHIP

Any and all Content posted on the Site is owned by K-VA-T and others and is protected by United States and international copyright, trademark and other laws. Except as stated in these Terms, no Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of K-VA-T or the respective owner. You may electronically copy and print to hard copy content for non-commercial, personal use. Any other use is strictly prohibited. You may not use any K-VA-T name, logo or other trademarks for any purpose without the express written consent of K-VA-T. Any rights not expressly granted herein are reserved by K-VA-T.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, K-VA-T IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY K-VA-T, PHARMACY, OR THIRD PARTY CONTENT CONTAINED IN OR INFORMATION SUBMITTED TO THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE, CONTENT AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF A THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT K-VA-T SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INLCUDING WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICES PROVIDED AT OR THROUGH THE SITE) ARISING OUT OF USE OR INABILITY TO USE OF THE SITE, SERVICES OR CONTENT, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF K-VA-T HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF K-VA-T (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEY MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.

INDEMNITY

You agree to defend, indemnify and hold K-VA-T and its affiliates 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 Site, Services or Content.

PRIVACY

K-VA-T considers protecting your personal data to be important, and has developed a Privacy Policy describing K-VA-T’s personal data collection and use policies and practices, which is incorporated by reference as if set forth in its entirety herein. Please refer to our Privacy Policy for detailed information.

POLICIES AND ENFORCEMENT

K-VA-T has the right, but not the obligation, to monitor any activity and content associated with forums and interactive areas on the Site. K-VA-T may access at any time and use internally for any lawful purpose information stored in its systems. K-VA-T may disclose such information to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action we deem appropriate, including without limitation, issue a warning, suspend or terminate your access and use of the Site, Services and/or Content at any time.

CONSENT TO EMAIL COMMUNICATION

When you visit the Site or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Site.

APPLICABLE LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Virginia, without resort to its conflict of law principles. Regardless of where you access the Site, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed and adjudicated only in the federal or state courts located in Richmond, Virginia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceedings arising out of these Terms.

GENERAL

These Terms and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed an “original” or “in writing” and to comply with all statutory, contractual, and other legal requirements for writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained. If any portion of these Terms is found to be unlawful, invalid or unenforceable by a court of competent jurisdiction, that portion shall be deemed to be severed from the rest of these Terms and the remaining portions will be in effect, valid, and enforceable. No waiver, express or implied, by either party of any breach or default under these Terms 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.

Last updated: May 14, 2009

Copyright© 2011 K-VA-T Food Stores, Inc. All rights reserved.