website terms and conditions

Website Terms and Conditions

Welcome to our web site located at shaws.com and the related hyperlinked web pages (collectively, this "Web Site"). This page states the terms and conditions under which you are authorized to use this Web Site. Please read this page carefully. By using this Web Site, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, please do not use this Web Site.

We reserve the right, at any time, to modify these Web Site Terms and Conditions, and by using this Web Site you agree to be bound by these modifications. Therefore, you should periodically visit this page to review our most current practices. We will also place notice of any such modifications in the "What's New" section of this Web Site.

Please note that other web sites and web pages linked to this Web Site may be governed by separate terms and conditions. Please refer to the applicable terms and conditions of those web sites and web pages when visiting them.

• Use of this Web Site

• Links to other Sites

• Pricing or Typographical Errors

• Site Security

• Intellectual Property

• No Warranty

• Limitations of Remedies

• Health and Other Information

• Web Site Privacy

• Feedback

• Comments, Feedback and Other Submissions

• Indemnity

• General

• Use of this Web Site

Shaw's Supermarkets, Inc. and Star Markets Company, Inc. (referred to as "Shaw's," "we," or "us") authorizes you to view this Web Site and to download or print portions of the materials on this Web Site, including text, graphics, images and other content (collectively, the "Web Site Materials"), solely for your personal, noncommercial use.

Unauthorized use of this Web Site or the Web Site Materials may violate copyright, trademark and other laws. You must retain all copyright and other proprietary notices contained in the original Web Site Materials on any copy you make of the Web Site Materials. Unless otherwise expressly set forth in a written agreement between you and Shaw's, you may not sell or modify the Web Site Materials or reproduce, display, publicly perform, distribute or otherwise use the Web Site Materials other than for your personal, noncommercial use.

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• Links to other Sites

This Web Site provides links to other web sites (such as online shopping services, loyalty programs and affinity programs), operated by third party service providers ("Service Providers"), either alone or in conjunction with Shaw's. Web sites operated by such Service Providers may be governed by separate terms and conditions. You should refer to those terms and conditions when visiting those web sites. Your dealings with, or participation in promotions of Service Providers, and any other terms, conditions, warranties or representations associated with such dealings, are between you and such Service Providers exclusively and do not involve Shaw's.

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• Pricing or Typographical Errors

While Shaw's strives to provide accurate product and pricing information, pricing or typographical errors may occur. Such errors may occur on this Web Site, in advertisements placed on this Web Site or in circulars linked to this Web Site. Unless otherwise prohibited by law, in the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Shaw's shall have the right, at its sole discretion, to refuse orders placed for that item. Prices and availability are subject to change without notice.

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• Site Security

As a condition to your use of this Web Site, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any Shaw's customer or user of this Web Site; (iii) probe, scan or test the vulnerability of this Web Site or the Shaw's network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this Web Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; or (v) send unsolicited mail, including promotions and/or advertising of products and services.

Violations of system or network security may result in civil or criminal liability. Shaw's reserves the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this Web Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from Shaw's on this Web Site and other than generally available third party web browsers.

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• Intellectual Property

Unless otherwise noted, all intellectual property rights (including copyrights, trademarks, and trade dress) in the Web Site Materials are owned, controlled or licensed by Shaw's or one of its affiliates. In addition, the compilation (meaning the collection, arrangement, and assembly) of all content on this Web Site is the exclusive property of Shaw's and is also protected by U.S. and international copyright laws. Shaw's and its suppliers and licensors expressly reserve all intellectual property rights in all of the Web Site Materials.

The names, marks and logos included on this Web Site and in the Web Site Materials are, unless otherwise noted, trademarks owned by or licensed to Shaw's. The use of these marks, except as provided in these Terms and Conditions, is prohibited. From time to time, Shaw's may use third party trademarks on this Web Site. Such trademarks shall remain the intellectual property of their respective third party owners, and Shaw's makes no claim to ownership of any such trademarks.

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• No Warranty

THIS WEB SITE AND THE WEB SITE MATERIALS ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEB SITE AND THE WEB SITE MATERIALS IS AT YOUR OWN, SOLE RISK. SHAW'S EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SHAW'S DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEB SITE AND ANY HEALTH INFORMATION OR NUTRITIONAL INFORMATION PROVIDED ON THIS WEB SITE. MOREOVER, ANY MERCHANDISE OFFERED ON THIS WEB SITE OR THROUGH SERVICE PROVIDERS IS SUBJECT TO AVAILABILITY. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Shaw's is not responsible for the accessibility or unavailability of services or web sites operated by Service Providers or for your interaction and dealings with them.

You further agree that should you use or rely on such content, data, advertisements, goods or services available from, or through any such Service Provider, Shaw's is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance.

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• Limitations of Remedies

IN NO EVENT WILL SHAW'S, ITS PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE officers, directors, employees, agents, CONTRACTORS OR OTHER PERSONNEL (collectively, "Shaw's Affiliates") BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST DATA, LOST PROFITS, INTERRUPTION OF BUSINESS, OR SPECIAL, INDIRECT, DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR THE WEB SITE MATERIALS, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER CAUSE OF ACTION, AND EVEN IF SHAW'S or such SHAW'S AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OR SHOULD HAVE KNOWN OF SUCH LOSS OR DAMAGE. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, SHAW'S AND SHAW'S AFFILIATES' MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS WEB SITE AND THE WEB SITE MATERIALS, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100).

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• Health and Other Information

Some information included on this Web Site or in the Web Site Materials (such as health and nutritional information and cooking advice and recipes) is provided for educational purposes only. Some of this content comes from third parties. While we believe these third party providers to be reliable sources of information, we do not vouch for the accuracy of such information.

You should always consult a physician regarding the applicability of any opinions or recommendations with respect to any symptoms or medical condition.

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• Web Site Privacy

We may collect personal information that you choose to provide voluntarily when using this Web Site, and we may use your information to communicate with you and to provide you with the products and services that you request. For example, you may provide us personal information on our customer feedback page. In addition, Shaw's may use cookies to collect certain information from you. However, we do not use cookies to examine your surfing behavior before or after leaving this Web Site.

Some Service Providers may also use cookies on this Web Site in connection with advertising or otherwise. We do not have access to or control over these third party cookies.

At your option, you may choose to supply personal information to Service Providers. We are not responsible for any information that you provide directly to Service Providers. When you choose to interact with Service Providers by purchasing products and services, interacting with an on-line or offline promotion, survey, questionnaire, contest or sweepstakes, you should remember that each web site has its own privacy policy, which may or may not be similar to this privacy statement. Unless otherwise specified, any questions you may have regarding any such third party privacy policy should be directed to the applicable Service Provider.

We will release information collected on this Web Site when compelled by a subpoena or court order, or when Shaw's believes, in its reasonable discretion, that such disclosure is warranted to cooperate with inquiries by law enforcement agencies or in emergencies where physical safety is at risk.

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• Feedback

If you have provided us with personal information through this Web Site and wish to have it removed from our files, or if you have any questions about the privacy practices applicable to this Web Site, or your dealings with this Web Site, you may contact our Consumer Response Department at feedback@shaws.com or you may write to:

Consumer Response Department

Shaw's Supermarkets, Inc.

P.O. Box 600

East Bridgewater, Massachusetts 02333

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• Comments, Feedback and Other Submissions

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Shaw's on or by this Web Site or otherwise disclosed, submitted or offered in connection with your use of this Web Site (collectively, the "Comments") shall be and remain Shaw's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Shaw's of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments and the right to use your name along with such Comments, without restriction and without compensating you in any way.

Shaw's is and shall be under no obligation (i) to maintain any Comments in confidence; (ii) to pay you any compensation for any Comments; or (iii) to respond to Comments. You agree that any Comments submitted by you to this Web Site will not violate these Terms and Conditions or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You agree that no Comments submitted by you to this Web Site will be or contain libelous or otherwise unlawful, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam," and you further agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit.

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• Indemnity

By using this Web Site, you agree to defend, indemnify, and hold harmless Shaw's and Shaw's Affiliates from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Shaw's may become obligated to pay arising or resulting from your use of this Web Site, the Web Site Materials or your breach of these Terms and Conditions. Shaw's reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

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• General

This Web Site is located in the Commonwealth of Massachusetts. These Terms and Conditions and the relationship between you and Shaw's shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflicts of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this Web Site or the Web Site Materials must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further consent and agree that the courts of the Commonwealth of Massachusetts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Web Site or the Web Site Materials. Any failure by Shaw's to exercise any rights or enforce any of these Terms and Conditions shall not constitute a waiver of such rights or terms. If any provision of these Terms and Conditions or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms and Conditions, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. This Agreement represents the complete agreement between you and Shaw's with respect to the subject matter hereof.

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