Terms & Conditions
Last Updated October 2014
If you visit or shop at Food City, you accept the following use conditions. Please read them carefully.
In addition, when you use any current or future service or business (e.g., Your Profile, Gift Cards) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
When you visit any Food City hosted website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices 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.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Food City or our content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is our exclusive property and protected by U.S. and international copyright laws. All software used on this site is the property of Food City or its software suppliers and protected by United States and international copyright laws.
In addition, FoodCity.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Food City, Inc. (“Food City”) in the U.S. and/or other countries. Food City's trademarks and trade dress may not be used by you or any third party without the prior written consent of Food City. All other trademarks not owned by Food City that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Food City.
License and Site Access
Food City grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Food City. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Food City. 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 Food City without the express written consent of Food City. You may not use any meta tags or any other "hidden text" utilizing Food City's name or trademarks without the express written consent of Food City. Any unauthorized use terminates the permission or license granted by Food City. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the site so long as the link does not portray Food City, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Food City logo or other graphic or trademark proprietary to Food City as part of the link without the express written permission of Food City.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Food City does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use FoodCity.com only with involvement of a parent or guardian. Food City reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at any time and in their sole discretion.
Age-Restricted Products (e.g. Alcohol, Tobacco, Video Games, Adult Content Items)
We do not sell age-restricted products to those customers under the legal age necessary to purchase the item. By using this site you swear and affirm that you are over the required age to purchase the item. We make every effort to ensure that items are not delivered to anyone who is under the legal age to purchase them. By using this site you are acknowledging that the person receiving a shipment is over the legal age for the all items in the shipment. You also agree that any alcohol purchased from Food City is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide an underage person a product that they are not legally allowed to possess or purchase, we will prosecute you fully to the extent allowable by law.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Food City reserves the right (but not the obligation) to monitor, remove and/or edit any such content at any time and in our sole discretion. If you do post content or submit material, and unless we indicate otherwise, you grant Food City a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Food City and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; 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 Food City and our subsidiaries and affiliates, and each of our respective officers, directors, shareholders, members, managers, employees and agents, for all claims resulting from content you supply. Food City has the right, but not the obligation, to monitor, remove and/or edit any activity or content at any time in its sole discretion. Food City takes no responsibility, and assumes no liability for, any content posted by you or any third party.
We attempt to be as accurate as possible. However, We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product you purchase is not as described on the site, your sole remedy is to return it in unused condition.
Except where noted otherwise, the Item List Price displayed for products on our site represents the full retail price listed on the product itself. The Item List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are sold by weight, the List Price will represent prices based on the weight of item selected and placed in online shopping cart and means the final price charged may vary based on actual weight of product shopped. Sale items may reflect the product’s current sale price and product savings will be noted.
With respect to items sold by Food City, we cannot confirm the price of an item until your order is shopped; however, we do NOT charge your credit card until after your order has been shopped. Despite our best efforts, a small number of the items in our online store may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion and without liability, contact you for instructions before completing your order and notify you of any higher price variances (except weighted items).
Food City advertised weekly sales begin at 12:01am on Wednesday. Online prices reflect the sale price of an item when the order is placed AND for the current week’s sale period, not when the order is scheduled for pick-up. Sale prices cannot be “locked in” by ordering before the sale ends unless the order is shopped AND picked up prior to the sale end date.
For produce, deli, seafood and meat items that are priced by the pound, your shopper will select the items that most closely match the weight you wish to purchase. You will be billed only for the actual amount of product selected. Consequently, the total dollar amount of your order may vary slightly.
We provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Food City does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and/or policies, and other terms and/or conditions of use.
Disclaimer of Warranties, Limitation of Liability, and Indemnification
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FOOD CITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOOD CITY DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC
COMMUNICATIONS SENT FROM US OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOOD CITY, AND ITS RESPECTIVE SUBSIDIARIES AND AFFILIATES, AND EACH SUCH ENTITY’S RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND AGENTS, WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM THE USE OF, OR INABILITY TO USE, THIS SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law, Disputes
By visiting FoodCity.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Virginia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Food City. IN THE EVENT A CLAIM PROCEEDS IN COURT RATHER THAN BY ARBITRATION, YOU AND WE EACH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL. YOU AND WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
Site Policies, Modification, and Severability
Please review our other policies posted on this site. These policies also govern your visit to FoodCity.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
SMS Terms and Conditions
SMS Terms and Conditions
By entering your cell phone you certify that A) You are the account holder or B) have account holder's permission to do so. Message and Data rates may apply depending on your wireless service plan. Up to 1 alert per day. You will receive alerts until you choose to opt out of this service by texting STOP to Shortcode 363636 or reply STOP to any of our messages. You may also unsubscribe by clicking the Unsubscribe link on this web site. Send HELP to 363636 or call 888-811-8681 for support. Your cell phone number will only be used for providing this service.
Supported Carriers: Alltel, AT&T, Boost Mobile, Cell South, Cincinnati Bell, Cellular One Dobson, RCC, Sprint PCS, T-Mobile, U.S. Cellular, Verizon Wireless, Virgin Mobile USA.
This Privacy & Unsolicited Message Policy discloses the privacy practices of SMS Media Group, Inc's websites. Because we want to demonstrate our commitment to your privacy, we have agreed to disclose our information practices.
Information Collection and Use
KVAT Food Stores is the sole owner of the information collected on our web sites, which includes KVAT Food Stores's, network of web sites including, but not limited to, smsmediagroup.com, smsmg.com, mfaith.com, smsdelivery.com and others except for when you decide to subscribe to receive information from any of our partners' being advertised on our web sites. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. KVAT Food Stores may collect information from our users at several different points on our website.
In order to use SMS Media Group's products and services, a user must first complete a registration form located on one of our web sites. During registration a user may be required to give their contact information (such as name, e-mail address and cellular phone number). This information is used to contact the user about the services on our site for which they have expressed interest and necessary for KVAT Food Stores to provide the services being requested. It is optional for the user to provide demographic information (such as income level and gender), but encouraged so we can provide a more personalized experience of our products and services. If we have trouble processing a registration, contact information may be used to get in touch with the user.
We may use IP addresses, phone numbers and other collected information to analyze trends, administer the site, track user movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
We may share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person. We may use an outside credit card processing company to bill users for goods and services.
Disclosure or Information
We may partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. We may release your contact and other information to third parties when we believe that such release is reasonably necessary to comply with law or in response to a subpoena, warrants, etc.
This web site may contain links to other sites. Please be aware that KVAT Food Stores is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by our Web sites.
Technology Service Provider
Surveys & Contests
From time-to-time our site may request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name, e-mail and cellular phone number), and demographic information (such as zip code and age). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of our products and services.
If a user elects to use our referral service for informing a friend about our products and services, we may ask them for the friend's name, email address and cellular phone number. KVAT Food Stores will automatically send the friend a one-time email or SMS inviting them to visit the site. KVAT Food Stores stores this information for the sole purpose of sending this one-time invite. The friend may contact KVAT Food Stores at email@example.com to request the removal of this information from the database.
Supplementation of Information
In order for this website to properly fulfill its obligation to our customers, it may be necessary for us to supplement the information we receive with information from 3rd party sources.
Product and Service Offers, Announcements, and Updates
We may send new members a welcoming email or SMS to verify their enrollment. Established users will occasionally receive information on our products and services through an email newsletter or SMS. We may also send the user site and service announcement updates. These announcements and updates may contain messages from third party advertisers. We may communicate with the user to provide requested services and in regards to issues relating to their account via email or phone.
Correction/Updating Personal Information
If a user's personally identifiable information changes (such as your cellular phone number), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that user's personal data provided to us. These requests can be made by emailing us at firstname.lastname@example.org.