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Terms of Use

Terms of Use

Overview

We have been working hard to upgrade our sites to meet your needs and make shopping more convenient to you. The Terms of Use below apply and govern your access and use of all websites, online ordering services and mobile applications linking to or posting these Terms of Use.

We strongly encourage you to review the Terms of Use below to further understand the terms and conditions applicable to your access and use of the websites, online ordering services and mobile applications provided by The Blue Cart. and its affiliates, subsidiaries and banner companies. Your continued use of our websites, online ordering services and mobile applications acknowledges your acceptance of the updated Terms of Use.

These Terms of Use (collectively, the "Terms") apply to all Company-branded websites, online services and mobile applications linking to or posting these Terms. Each such website, online service and mobile application is referred to in these Terms individually as a "Site" and collectively as "Sites". Additional terms and conditions applicable to specific components of certain Sites may also be posted to such Sites, such as the terms governing our prescription management services, which are incorporated herein by reference. In such cases those additional terms and conditions, together with these Terms, govern your engagement with those components of such Sites.

Any visitor to our Sites whose access or use is covered by these Terms is referred to as "you" in these Terms. If you are accessing or using any of our Sites on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on behalf of such person or entity and all references to "you" in that context shall mean the person or entity on whose behalf you are accessing and/or using our Sites.

Please read these Terms carefully. When you first register for an account ("Account") on one of the Sites. You will be prompted to "click" on a button on the applicable Site to agree to the most recently updated version of these Terms. By doing so, you indicate that you have read, understand and agree to these Terms. In all other circumstances, by accessing and/or using any of our Sites, you agree to be bound by the then-current version of these Terms, which may be updated from time to time. If you do not agree to these Terms, please do not use the Sites.

Please note that any dispute or claim related to these Terms or arising out of your access to and/or use of any of our Sites must be resolved by arbitration on an individual basis, and may not be arbitrated or otherwise pursued as a class action.

Contents

Terms of Use. 

1. We May Modify These Terms.

2. We May Change What We Offer; Products Are Not Always Available.

3. We Grant You a License to Use Our Content, but Only for Informational and Non-Commercial Purposes.

4. Our Content Is Provided as a Convenience and May Change or Have Errors.

5. We Do Not Allow Framing and Limit Hyperlinks.

6. We Can Use or Disclose Your Feedback.

Any comments or materials that you submit to Company, including, without limitation, any questions, comments, suggestions, or other feedback regarding Company, its products and services, or any of the information on the Sites, ("Feedback") will be considered to be non-confidential and non-proprietary. Company shall be free to use and disclose, with no compensation to you, any ideas, concepts, know-how, techniques, methods or methodologies contained in any such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and/or services incorporating such Feedback.6

7. Requirements When You Establish An Account.

8. You Are Responsible for Use of Your Account.

9. We May Terminate Your Account.

10. Special Terms for Mobile Application Users.

11. Special Terms for Payment via App.

12. Special Terms for Apple Users.

13. Geo-Location Terms.

14. Sites Are Protected by Copyright Laws.

15. Sites Are Protected by Trademark Laws.

16. You May Not Impair the Security of the Sites.

17. We Have Monitoring and Enforcement Rights.

18. Prohibitions on Your Use of the Sites.

19. Third Party Software.

20. We Disclaim These Warranties.

19. You Must Be 18 Years Old or Older to Order.

20. You Must Create an Account for the The Blue Cart service.

21. Additional Disclaimers.

22. Placing an Order in the The Blue Cart service.

23. Product Pricing, Fees and Other Charges.

24. Availability of Promotional Offers and Coupons on the The Blue Cart service.

25. Delivery Options.

26. Unfilled or Partially Filled Orders.

27. The Blue Cart service Satisfaction Guarantee.

28. Notice to California Customers.

Terms Applicable to All Visitors and Users of the Sites

Terms Applicable to All Visitors and Users of the Sites

1. We May Modify These Terms.

We reserve the right to modify these Terms at any time without notice to you. The date of the most recent version of these Terms is noted at the top of the Terms. Any modification will be effective upon posting of the updated Terms, and your access to and/or use of any of the Sites thereafter will constitute your acceptance of such modified Terms. Please note the date these Terms were last modified and review these Terms on a regular basis. These terms and conditions apply to users who order groceries or other items (each, a "Product") from Company through the The Blue Cart service for delivery, where we offer such services. The The Blue Cart service may be accessed online and/or through an applicable mobile App; please note, however, that certain features available on our website for the The Blue Cart service may not be accessible via mobile App and vice-versa. In addition, you should know that from time to time, third parties may also offer order fulfillment services on your behalf or independently. If you use any services provided by a third party, you will be subject to the terms and policies posted by that third party service provider and we are not responsible for the terms, policies, actions or inactions of that third party service provider. For example, in some areas, Company may not fulfill certain types of orders (such as rush delivery) or may not maintain a fleet of delivery trucks. In those cases, you may be transferred to a third party's website to place your order and receive delivery from such third party, or your order may be transferred to a third party for delivery after it has been picked and packed by our personnel. In either case, once you access the third party's site to place your order or we transfer your order to a third party for delivery, your order will be subject to the terms, policies, actions or inactions of such third party.

2. We May Change What We Offer; Products Are Not Always Available.

We may change or terminate any of the services, programs, promotions, and/or other offers, deals, coupons, and/or specials (collectively, "Offerings") described or offered through any of the Sites at any time without notice to you. Not all products are available at all of our facilities or at all times. Some or all of the Offerings or products may not be available in your location (or your delivery or preferred  location). References to any Offerings or products on the Sites that may be available in one location do not warrant or imply that Company offers or intends to offer them in any other location. In addition, from time to time we may work with a third party to provide an Offering; please note that some or all of the pertinent information about such Offering may also be found at such third party's website and/or in our applicable physical stores, and we encourage you to review all such information before participating in any such Offerings. Company controls and operates the Sites from the United States and makes no representation that the Sites are appropriate or available for access and/or use in any other country.

3. We Grant You a License to Use Our Content, but Only for Informational and Non-Commercial Purposes.

All information, data, materials, text, graphics, images, and other content available on the Sites, including Third Party Content, Medical Content and Nutritional Content (as such terms are defined below) (collectively, "Content") are provided for informational purposes and personal uses only (unless we agree in writing). We grant you a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable, limited license to access and/or use the Content on the Sites, and to download, print and store portions of the Content that you select, provided that you: (i) access and/or use those portions of the Content solely for your own personal, non-commercial use (unless we provide prior written authorization); (ii) do not copy or post the Content on any network computer, or transmit, distribute, publish, display, make available or broadcast the Content in any media or platform; and (iii) do not modify or alter the Content in any way or delete or change any copyright or trademark notice. No right, title or interest in and to any Content is transferred to you as a result of this limited license.

4. Our Content Is Provided as a Convenience and May Change or Have Errors.

Your use of any Content from the Sites is entirely at your own risk, for which Company will not be liable. We do not guarantee the correctness, availability, usefulness, reliability, validity, accuracy, completeness, timeliness, correct sequencing, or suitability of the Content on the Sites, and Company shall not be liable for any errors or deficiencies in any Content on the Sites, or for any action or inaction taken by you in reliance thereon; unless and to the extent resulting from Company's grossly negligent, reckless or intentional acts. In particular, you should note the following:

(a) Third Party Content. Certain content from third parties ("Third Party Content") may be made available as part of the Sites or through links on the Sites, and such Third Party Content may be subject to its own additional license terms and policies. You should refer to the terms and policies posted on third party websites prior to using any such site. Company does not endorse, oppose or edit any opinion, claim, or analysis expressed by any third party. You agree that Company is not responsible for the substance or accessibility of any Third Party Content accessible through the Sites and understand that you bear all risks associated with your access to and/or use of such content.

(b) Product Information and Pricing Changes and Errors Occur. While we endeavor to provide accurate product information, you should know that product information accessed through the Sites is obtained from claims made by product manufacturers; on occasion manufacturers may alter their labels or ingredient lists; and actual product packaging and materials may contain more and/or different information than that shown on the Sites. Accordingly, you should not rely solely on the product information presented on the Sites, but should always read carefully the labels, warnings, and directions before using or consuming a product and contact directly the product manufacturer for any questions. None of the entities associated with Company nor its Content provider(s) nor product manufacturers assume any liability for inaccuracies, misstatements, or omissions related to any product information listed on the Sites. In addition, even though we make an effort to describe and display our products and services accurately on the Sites, products on the Site may be mispriced, described inaccurately, or unavailable and we may experience delay in updating information on the Sites and in our advertising on the Sites.

(c) Medical Content. All drug and interaction information; health or wellness information; and any other content available in any pharmacy, nutrition, health, or wellness area of the Sites ("Medical Content") is provided for informational and educational purposes only and is intended as informational and not a substitute for, the diagnosis, treatment and advice of a qualified health-care provider. You should not rely solely on the Medical Content nor use it as a self-diagnosis or for treating a health problem or disease. Company does not represent or guarantee that any of the Medical Content is accurate, complete, correct, useful, valid, timely, reliable, suitable, or correctly sequenced. The Medical Content does not cover all possible uses, precautions, side effects and interactions of any prescription or over-the-counter drug and should not be construed to indicate that any such drug is safe for you. Consult your qualified health-care provider for guidance before using any prescription or over-the-counter drug, and regarding the applicability of any opinion, research result, or recommendation with respect to any symptom or medical condition. Always seek the advice of your qualified health-care 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 any of the Sites. Contact your qualified health-care provider immediately if you suspect that you have a medical problem. Company does not recommend or endorse any specific tests, products, procedures, methods, opinions or other information that may be mentioned on or included in the Sites. Any 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.

(d) Nutritional Content. Any nutritional information about recipes provided on the Sites ("Nutritional Content") is based on the ingredients and cooking techniques as listed in the applicable recipe and does not include optional ingredients or garnishes. All stated nutritional values are composite averages and may vary according to freshness, variety, differences in preparation or brands of ingredients. Altering cooking methods or substituting any ingredients may change the posted nutritional information significantly. Company does not warrant the quality, completeness, or accuracy of recipes contained on the Sites or the results of preparing the recipes. Also, the Sites may provide information about food handling and preparation methods. Such information is not intended to be comprehensive and should not be substituted for information available from applicable governmental sources. Please be advised consuming raw or undercooked meat, poultry, seafood, shellfish or eggs may increase your risk of food borne illnesses, especially if you have certain medical conditions.

5. We Do Not Allow Framing and Limit Hyperlinks.

If you post content online by maintaining a website, by blogging, or through any other means, you may include within that content a hyperlink to the home page or sign-in page of any of the Sites. All other linking to any of our Sites is strictly prohibited without prior written authorization from us. We accept no responsibility or liability for the quality, content, timeliness, accuracy, nature, or reliability of any content that you or others post online, even if it contains a hyperlink to one of our Sites. The inclusion of a hyperlink to any of our Sites within such content does not imply endorsement or approval by Company of that content. You may not frame or use framing techniques to enclose any Company trademark, logo or other proprietary materials, including the images posted on any of the Sites, any text or design of any Site, or any form contained on a Site, without our prior written consent.

6. We Can Use or Disclose Your Feedback.

Any comments or materials that you submit to Company, including, without limitation, any questions, comments, suggestions, or other feedback regarding Company, its products and services, or any of the information on the Sites, ("Feedback") will be considered to be non-confidential and non-proprietary. Company shall be free to use and disclose, with no compensation to you, any ideas, concepts, know-how, techniques, methods or methodologies contained in any such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and/or services incorporating such Feedback.

7. Requirements When You Establish An Account.

You may be permitted or required to create an Account through one of our Sites or Company Apps to use services we offer. Your use of the Account will also be covered by our Privacy termas and the terms of use. You agree to such additional terms, and, unless otherwise provided in those separate terms, you agree to use and access your Account solely for lawful purposes consistent with the service(s) offered through the Account. When you create an Account, you must provide us with certain information about you and create a password. You agree to provide us with accurate and complete information requested in the registration process, and to inform us of any updates to such information on an ongoing basis to keep it accurate and complete. You agree that you will not impersonate any other person, set up multiple Accounts, or use your Account(s) in any way that circumvents limits on offers, discounts, promotions or coupons, and that we may terminate any Account we believe has engaged in such activities. You agree to keep your password confidential and not share it with anybody else.

8. You Are Responsible for Use of Your Account.

You are solely responsible for any authorized or unauthorized access to and/or use of your Account by any person, and for all charges incurred through your Account. You agree to notify Company promptly regarding any unauthorized access to and/or use of your Account. You further agree that you will remain liable for any charges incurred through your Account until you so notify Company.

9. We May Terminate Your Account.

We reserve the right to suspend or terminate your Account at any time, with or without notice to you. You may terminate your Account at any time by notifying Company . Company reserves the right to collect and you shall be liable for payment of any fees and charges incurred before your Account is terminated.

10. Special Terms for Mobile Application Users.

With respect to each mobile application made available by Company for downloading (each an "App" or "Company App"), by taking the required steps to download the App or create an Account on the App, you are expressly agreeing that you have read, understand and agree to be bound by these Terms and any updates or amendments to these Terms. Check these Terms in the App or online periodically to access our most current Terms. To use the App you must have a mobile device that is compatible with the mobile service. Company does not warrant that the App will be compatible with your mobile device. In addition, the App requires the Internet to function properly. Company is not responsible for the availability or quality of Internet service during your use of the App. With respect to each instance in which you download a Company App, Company hereby grants to you a non-exclusive, non-transferable, non-assignable, revocable license to use an object code copy of the App for one registered Account owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile, reverse engineer or create derivative works of the App, except to the extent that the law expressly prohibits such a limitation on you; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) copy, reproduce, republish, upload, post, transmit or distribute the App in any way, unless specifically allowed in these Terms; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; (v) delete the copyright, trademark and other proprietary rights notices on the App; or (vi) create another app to sniff, phish, scrape, or otherwise monitor Company Apps unless allowed by the platform for all apps on the Android and iOS platforms. You acknowledge that Company, from time to time, issues upgraded versions of the App, and may, depending on your device settings, automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of these Terms, as may be revised from time to time, will apply to all such upgrades. You further understand and agree that, if the App on your mobile device is not upgraded, either automatically or manually by you, following the release of an upgraded version of the App, you may be unable to access, utilize or otherwise take full advantage of features, functionality, patches, offers, discounts or rewards enabled by the upgraded version of the App. Similarly, you acknowledge and agree that some updates may not support older model devices resulting in the App no longer working on your device. Company shall have no liability to you with respect to your continued use of the App if not upgraded upon release of a new version or your inability to use the App following such an upgrade. The foregoing license grant is not a sale of the App or any copy thereof, and Company and its third party licensors or suppliers retain all rights, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App. Your use of any Company App may also be governed by the terms and policies of your mobile network provider, the app store from which you download the App, your device manufacturer or operating system/software provider, and credit card or third party payment provider. Use of a Company App may transmit data concerning your use of the App to Company or to third parties such as your payment provider. This information may include geolocation data (where you are and where Company retail stores are located) or payment data. Refer to Company Privacy Policy and the Geo-Location Terms section of these Terms for more information.

11. Special Terms for Payment via App.

Company Apps may now or in the future enable wireless payment through the App for purchases made at Company's physical locations, such as at Company's stores and fuel stations. You must be at least 18 years of age to use this service. By opting in to this service, you understand and agree that the App will utilize the wireless capability of the mobile device(s) on which you have installed the App to communicate automatically with a Company point of purchase payment device, such as a cash register, whenever your mobile device is in proximity to Company's payment device. Upon downloading the App or at opt-in to use of the payment function, you will be given the opportunity to link a credit card or other payment method to your Account. By electing to store your card details on the Sites, you consent to and authorize storage of your card data (Name, Credit Card number, Expiration Date) for purposes of future online transactions, all transactions made via the Sites and the Company charging your selected payment method in the amount of each such transaction. You are responsible for all use of the Company App via your mobile device, including unauthorized transactions. If your mobile device is lost or stolen, notify your credit card company or other payment provider immediately. If you believe there is an error in your billing or unauthorized access to your Account, please contact customer service at: Customer Support Center, The Blue Cart 2400 Barranca Pkwy, Irvine, CA 92606 or using The Blue Cart  contact form.

12. Special Terms for Apple Users.

Users of Company Apps acknowledge that they have reviewed and agree to the terms of the online app marketplace from which they have downloaded the App. The following additional terms and conditions apply with respect to any App that Company provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):

(a) You acknowledge that these Terms are between you and Company only, and not with Apple, Inc. ("Apple").

(b) Your use of the Company's iOS App must comply with Apple's then-current App Store Terms of Service.

(c) Company, and not Apple, is solely responsible for our iOS App and the services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.

(d) You agree that Company, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims pertaining to our iOS App; (ii) any claim that our iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of our iOS App.

(e) You agree that Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.

(f) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(g) You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using our iOS App).

(h) You and Company agree that Apple and Apple's subsidiaries are third party beneficiaries to these Terms as they relate to your license of our iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of our iOS App as a third party beneficiary thereof.

13. Geo-Location Terms.

The services we provide may use your location to enable certain features of the services. For Company mobile Apps, you can disable this feature in your device's settings. In addition, you can use browser settings, such as private browsing, to control use of your location data when accessing one of our Sites on the Internet. The services may include and make use of certain functionality and services provided by third parties that allow the services to include maps, geocoding, places and other Content from those third parties as part of the services (the "Geo-Location Services"). Your use of the Geo-Location Services may be subject to such third parties' terms of use.

14. Sites Are Protected by Copyright Laws.

The Sites, and all Content available on the Sites, are protected by copyright laws. Unless specified otherwise on the Sites, no portion of the Sites may be copied, displayed, performed, republished, transmitted, or distributed in any way or form, nor may any derivative work of any Site be created, without Company's prior written consent. Any such use of any Content for any purpose not authorized under these Terms is a violation of the copyrights of Company (or other entities). Permission for all uses of the Sites other than as expressly authorized under these Terms must be obtained from Company or the appropriate owner thereof in advance and in writing. The use of the Sites or any Content available thereon on any other website or networked computer environment is prohibited. Your access to or use of the Sites does not grant you any rights, either intentionally or by implication, to any program, tool, or application.

15. Sites Are Protected by Trademark Laws.

All trademarks, service marks, logos, trade names and trade dresses in or on the Sites, whether registered or unregistered, are proprietary to Company (or to other entities). You may not use, reproduce, or otherwise display any such trademarks, service marks, logos, trade names or trade dresses without the prior written consent of Company or the appropriate owner thereof. All design rights, compilation rights, and similar intellectual property rights in and to the Sites, in each case whether registered or unregistered, and related goodwill, are owned exclusively by and are proprietary to Company or other entities.

16. You May Not Impair the Security of the Sites.

You are prohibited from violating, or attempting to violate, the security of the Sites; rendering the Sites inaccessible to others; imposing an abnormal or unreasonable burden on the hardware and software infrastructure for the Sites; or otherwise compromising or causing or attempting to cause damage to the Sites. Any such violation may result in criminal and/or civil penalties against you. Company will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

17. We Have Monitoring and Enforcement Rights.

Company has the right, but not the obligation, to monitor any activity on the Sites or your access to and use of Content associated with any interactive area on the Sites. Company may access at any time and use internally for any lawful purpose information stored in our systems, subject (as applicable) to the provisions of our Privacy Policy. We may investigate any violation or attempted violation of our policies, or complaints and take any action we deem appropriate, including without limitation, issuing a warning, or suspending or terminating your access to and use of the Sites, at any time without prior notification to you.

18. Prohibitions on Your Use of the Sites.

As a condition of your access to the Sites, you must not:

(a) access the Sites through any means other than the visual user interfaces authorized by Company or through our authorized accessibility alternatives or permitted voice activated systems;

(b) use the Sites for any commercial purpose without Company's prior written approval in each instance, except you may use the The Blue Cart service for ordering Products

(c) access the Sites with any data extraction, scraping, mining, or other data gathering tools; create a database by systematically downloading or storing any Content from the Sites (such as a list of our physical store locations); or otherwise scrape, collect, store, or use any Content from the Sites, including without limitation any product listings, descriptions, prices, or images, except in all cases as expressly authorized under these Terms or permitted separately under a fully executed written agreement between you and Company (except publicly accessible search engines may use spiders to copy materials from the Sites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Content on the Sites, excluding indices which enable the purchase of products except from Company directly);

(d) use or launch any automated system, including without limitation, "robots," "spiders," "crawlers," "extensions," "add-ons," "plug-ins," "apps," or "offline readers" (other than screen readers and similar devices designed to assist visually impaired persons to access the Sites or with our prior written authorization);

(e) mirror or frame the homepage or any other pages of the Sites on any other website or web page without Company's prior written approval in each instance;

(f) send or otherwise transmit to or through the Sites any material that is, or may reasonably be considered to be, unlawful, infringing, harmful, harassing, offensive, threatening, vulgar or otherwise objectionable;

(g) cause or permit any reverse engineering, decompilation, modification, translation or disassembly of, or attempt to derive any source code of, any program, tool, or application underlying any of the Sites (except for any Site that is a mobile application, and then only to the extent required by local law to obtain interoperability with independently created computer programs or as required by other compulsory local law);

(h) access and/or use the Sites in violation of any applicable federal, state or local laws, rules or regulations, or encourage conduct that may do so; and/or

(i) assist or permit any person engaging in any of the prohibited activities described above.

19. Third Party Software.

The Sites may contain third party content, programs, tools, SDKs, and/or applications subject to their own license terms ("Third Party Software"). Any Third Party Software accompanying any of our mobile applications is provided to you under the terms of the license agreement or copyright notice accompanying such Third Party Software or in the open source licenses file accompanying the mobile application.

20. We Disclaim These Warranties.

Important: The Sites, and all Content available on the Sites, are provided on an "as is" and "as available" basis, without warranties, representations or endorsements of any kind. To the fullest extent permitted under applicable law, Company disclaims all warranties of any kind, express, implied, statutory or otherwise (including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, any warranty for information, data, data processing services or uninterrupted access or use). Company does not warrant that the Sites will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Sites will be free of viruses or other harmful components. Company does not make any representations or warranties regarding the access or use of, or the results of the use of, the Content on the Sites (including all descriptions, images, references, features, specifications, information, data, products, and prices/availability of products described or depicted on the Sites or services offered through the Sites) in terms of its availability, usefulness, completeness, correctness, accuracy, reliability, validity, suitability, timeliness, correct sequencing, or otherwise. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.

19. You Must Be 18 Years Old or Older to Order.

You must be age 18 or older and a resident of the United States in order to use either the The Blue Cart service, however, that you must be 21 or older to accept delivery of any alcoholic beverages, tobacco, and/or other age-restricted Products.

20. You Must Create an Account for the The Blue Cart service.

To use the The Blue Cart service, you must set up an Account.

During the registration process, you may be asked to provide information (or confirm information that auto-fills

21. Additional Disclaimers.

Important: In addition to the disclaimers set forth in Part One of these Terms and solely except as set forth in our Satisfaction Guarantee , the The Blue Cart service are provided on an "as is" and "as available" basis, without warranties of any kind, and to the fullest extent permitted under applicable law, Company disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the The Blue Cart any Products or Special Order Items purchased through the The Blue Cart service, and any delivery  service. Company does not warrant that the The Blue Cart Service will be uninterrupted or error-free, that defects will be corrected, or that the The Blue Cart service. Company does not make any representations or warranties regarding the access to or use of, or the results of the access to or use of, the Content on the The Blue Cart service in terms of their correctness, accuracy, validity, completeness, usefulness, timeliness, suitability, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.

22. Placing an Order in the The Blue Cart .

(a) You Must Make a Minimum Purchase. The minimum purchase amount shown in the The Blue Cart service must be met to place an order. The minimum purchase amount is the sum total of the order calculated from the quantities and online prices for the Products selected, but excluding all other charges and discounts, such as any applicable taxes, service or delivery fees, bag fees, bottle deposits, promotional discounts not reflected in the online prices for the Products, and in certain jurisdictions alcoholic beverages, tobacco and fluid dairy Products. In addition, certain offers may specify a potentially different minimum purchase amount to receive a discount. In those cases, the Subtotal of All Items, minus certain Products such as alcoholic beverages, tobacco and fluid dairy must equal the stated minimum, in order for you to receive the discount.

(b) We May Limit Quantities. We reserve the right to limit the quantity of any particular Product ordered in our discretion, including without limitation, due to inventory control or other reasons. Product availability is subject to the inventory on hand and may vary geographically or change without notice. Please note that we reserve the right to source the Products from any of our facilities in any location (or the facilities of any of our affiliated companies in any location).

(c) You Agree to Pay for Your Order. By submitting an order via the The Blue Cart service, you offer to purchase the Product(s) specified in your order. We will send you an electronic confirmation that your order has been received and the offer accepted, subject to our final confirmation of Product availability and price; however, we also reserve the right to cancel your order, in whole or in part, at any time in our sole discretion, and to refuse to provide delivery service for any order, in whole or in part. Subject to the foregoing, if your order is accepted by Company, and not cancelled prior to delivery, Company will provide the Product(s) ordered in return for your payment and deliver the ordered Product(s) to the delivery address you designate in your order, subject to the provisions of these Terms.

(d) We Accept Major Credit and Debit Cards and Certain Other Payment Methods. You must select one of the payment methods identified in the The Blue Cart service and provide accurate and complete information in order for us to charge your payment method for orders you place. By providing payment card information, you consent to and authorize storage of your card data (Name, Credit Card number, Expiration Date) for purposes of future online transactions, all transactions made via the Sites and the Company charging your selected payment method in the amount of each such transaction. Order processing will not occur until authorized. You represent and warrant to Company that your use of your selected payment method is authorized and legal. It is your responsibility to promptly notify your bank, financial institution or other responsible party of any changes to your billing information, or the loss, theft, or unauthorized use of your payment method. You are responsible for updating your payment information with Company whenever it is no longer current/accurate. When processing credit card payments, we may run a temporary pre-authorization charge that will not be completed and will be removed from your card in accordance with the terms of your issuing bank.

(e) Your Total at Checkout Is an Estimate. The dollar amount displayed prior to order completion is only an estimate, based on Products selected and prices at the time of ordering, and estimated Product weights for certain Products in your order, as adjusted by some (but not all) potentially applicable additional charges and fees and potentially applicable discounts and other deductions (collectively, the "Estimated Total"). The actual amount that you will be charged for the order will be based on the prices, charges, fees, offers, promotions, programs, coupons, discounts, and deductions applicable to the order on the day and time that the order is sourced and processed, except for service and delivery fees, which will be set and included when the order is placed or modified (collectively, the "Final Total"). The Final Total cannot be determined until the day and time the order is sourced and processed for multiple reasons, including without limitation: (i) the availability of the Products selected and the need to substitute different priced Products cannot be confirmed until the day and time that they are prepared for delivery, (ii) Product weights and prices, as well as available promotions, may vary between the date you submit the order and the date and time that the order is prepared for delivery/, and (iii) certain charges, such as any applicable taxes, bottle deposits, and bag charges, cannot be determined until the order is prepared for delivery/. In addition, even though we make an effort to describe and display our products and services accurately on the Sites, Products on the Site may be mispriced, described inaccurately, or unavailable and we may experience delay in updating information on the Sites and in our advertising on the Sites. The Final Total that you will be charged for your order upon sourcing and processing likely will not equal exactly the Estimated Total.

(f) When the Final Total Is Due. Your payment of the Final Total amount for each order, including all applicable fees, taxes, and charges, will be charged as part of the order sourcing and processing procedure, but in any event is due no later than when the order is delivered or picked up. Company will charge the Final Total amount for the order to the payment method you selected during the order submission process. You authorize Company to make and collect such payment and charge. You acknowledge that if we cannot collect the charge for any reason, we may elect to turn the matter over to a collection agency.

(g) Changing or Canceling Your Order. Typically, you may cancel or change your order made on the The Blue Cart service up until the date and time noted in the The Blue Cart service. This ability may be suspended during times of high volume or for other reasons to facilitate the proper functioning of the The Blue Cart service and our business operations. All times listed are in the local time zone for your specified delivery/ location, regardless of the time zone you might be in when placing the order. Note that any changes you may make to orders may affect whether your order continues to qualify for the same prices, discounts, promotions, or Promo Code Deals as your original orderYou may also change the delivery/ day and time after submitting your order, subject to order cut off times and the availability of your desired delivery/ time at the time you request a change. This ability may be suspended during times of high volume or for other reasons to facilitate the proper functioning of the The Blue Cart service and our business operations. Please note that changing your delivery/ date, if allowed, may affect Product prices and availability, as well as the availability of certain offers, discounts, and promotions.

23. Product Pricing, Fees and Other Charges.

(a) Prices, Fees and Other Charges.

(1) Online Prices. Prices for Products you order for delivery or  through the The Blue Cart service generally are higher than the prices for such Products in our physical stores. Pricing may differ depending on the fulfillment method you select, e.g., delivery, , rush delivery. In addition, in some locations, order fulfillment and delivery may be provided by another of the Company's banners or an independent third party service provider that provides selection and/or delivery services to consumers. In those cases, the availability, fees, and pricing of the partnering banner or of the independent third party service provider will apply to your order. For Products sold by weight, a representative cost per unit may be used to calculate the Estimated Total. The actual cost will be determined when the order is prepared for  or delivery and that cost will be reflected in the Final Total, which may be higher or lower than the estimate.

(2) Delivery Fees. We charge a non-refundable delivery fee on all delivery orders .A delivery fee helps operate our supply chain that transports your order from our facility to your delivery address. From time to time we waive or provide discounts off our regular delivery fees for certain delivery times, which you may obtain by selecting such a delivery time. We may also make other discounts available in certain locations via a Promo Code, in which case, you must enter the required Promo Code when you place your order and your order must meet any conditions of the offer, such as a minimum purchase amount. Service fees still applyThe delivery fee does not constitute a tip to the delivery person.

(3) Service Fees. We charge a non-refundable service fee on all delivery/ orders through the The Blue Cart service, which will be included in both the Estimated Total and the Final Total for the order. A service fee helps operate our in-store processes for picking and preparing online orders, as well as operate our online processes and platforms. The service fee does not constitute a tip to the delivery person.

(4) Governmental Fees and Taxes. In addition to the fees and charges stated above, all governmental fees and taxes, including without limitation, sales tax, sweetened beverage taxes, bottle and container deposits, bottled water charges, and bag fees, that apply to your order will be included in the Final Total amount.

(5) Tax Exempt Orders. The The Blue Cart service cannot verify documentation that certain organizations may normally present during in-store transactions to avoid the collection of sales tax due to their nonprofit nature.

(6) Fee Changes. Company reserves the right to add, delete or change any fees or other charges applicable to the The Blue Cart service at any time.

(b) Price Changes. Please note that Product prices are subject to change without notice and may vary geographically.

24. Availability of Promotional Offers and Coupons on the The Blue Cart service.

(a) Promotional Offers. Discounts available through some, but not all, promotional offers will appear in your Estimated Total at checkout. However, all discounts for which your order is eligible will be reflected in the Final Total for such order. Note that to be eligible for just for U promotions, you must have provided/confirmed information about your participation in the just for U program at the time you registered for your Account or through Customer Support. In addition, some just for U promotions are valid in a limited geographic area and the facility fulfilling your order may not fall within the applicable zone, in which case, you will not receive affected just for U offers. To be eligible for promotions that require entry of a Promo Code, you must have entered the applicable Promo Code. To be eligible for promotions that require a minimum purchase amount, you must have met the minimum purchase amount. Note that some items are excluded from the calculation of the minimum purchase, such as alcoholic beverages, tobacco and fluid dairy. All promotional offers are valid through their stated expiration dates, may be limited to specific quantities, are valid while supplies last and are limited to quantities on hand. You agree to abide by the terms and conditions of any promotional offer and acknowledge that circumvention of the terms and conditions of any such offer (including without limitation, opening multiple Accounts) constitutes an unauthorized or fraudulent act. You will be liable for damages caused by any such unauthorized or fraudulent act, and Company reserves the right to charge the payment method in your Account an amount equal to such damages.

(b) Coupons. We do not accept printed coupons for orders through our The Blue Cart service.

(c) Variations in Availability of Promotional Offers, Coupons, Etc. Offers, promotions, programs, coupons, discounts, and deductions applicable to Product purchases at our physical stores in some cases may not apply to orders through the The Blue Cart service, and vice versa. Similarly, some promotions, discounts, and offers are valid in a limited geographic area and the facility fulfilling your order may not fall within the applicable zone, in which case, you will not receive affected promotions, discounts, or offers.

25. Delivery Options.

We may add or discontinue delivery services at any time, with or without notice. In addition, in some cases, a third party may provide a service on your behalf or independently, in which case, your order will be subject to the terms, policies, actions or inactions of that third party. For example, in some areas, Company may not fulfill certain types of orders (such as rush delivery) or may not maintain a fleet of delivery vehicles. In those cases, you may be transferred to a third party's website to place your order and take delivery from such third party, or your order may be transferred to a third party for delivery after it has been picked and packed by our personnel. In either case, once you place your order with a third party or we transfer your order to a third party for delivery, your order will be subject to the terms, policies, actions or inactions of such third party.

(a) Delivery/ Service Times. Available delivery dates and times, and associated fees, delivery/ offers and promotions, will be shown during the ordering and checkout process. Times are available on a first-come, first-served basis.

(b) Ordering Deadlines. The date and time by which you must place your order for the type of service and delivery/ time you have selected will be shown in the Online Ordering Grocery Service. Note that cut-off times for different fulfillment methods, for example delivery, pick up, rush delivery, may differ. All times are listed in the local time zone for your specified delivery or  location, regardless of the time zone you might be in when placing the order.

(c) Responsibility for Delivery Address. We will deliver your order to a single delivery location you designate that is within the applicable delivery zone serviced by Company. You are responsible for verifying that the delivery address is correct, current, and accessible to our delivery drivers. We have no liability for orders that cannot be delivered due to address error or inaccessibility.

(e) Receiving a Delivery. Someone over the age of 18 must be present to accept delivery or  orders. If your order contains alcoholic beverages, tobacco, and/or other age-restricted Products, someone over the age of 21 must be present to accept and/or sign for delivery or . Valid (non-expired, government issued) identification confirming the identity and age of the person accepting and signing for the delivery or  order will be required, regardless of age, where age-restricted Products are in the order. The Products will be retained by the delivery driver or by the store attendant for  orders, unless someone over the required minimum age is at the delivery address when the delivery or  is attempted. You may contact our Customer Support line toll-free to arrange for re-delivery or to reschedule  of any Products retained in accordance with the foregoing. Please note that we may charge you an additional fee, or we may elect not to fulfill your request and cancel the order for the Products retained. We reserve the right to charge a restocking fee for orders that are restocked.

(f) Unattended Delivery. Where available, this option may not be used for any orders containing alcoholic beverages, tobacco, and/or other age-restricted Products. If you select this option, the delivery driver will leave the Products in your order at your doorstep, in which case unrestricted access to your doorstep is required.

(g) Responsibility for Items After Delivery. Company is not responsible for the Products in your order once they are delivered, including without limitation, for any theft, spoilage or damage. To maintain the integrity of Products after  or delivery, we recommend that you refrigerate or freeze perishable Products within one hour of delivery.

(h) Inclement Weather or Unforeseen Complications. In the case of inclement weather or unforeseen delivery or  complications, it may be necessary to make adjustments to our delivery or  schedule which cause us to suspend chosen delivery dates and times. If there will be a significant delay in delivering or preparing your order for , we may (but are not obligated to) call, email or text you to let you know the status of your order. If your designated delivery location is inaccessible on the date and time specified for delivery (such as due to a street closure or other complications), we will provide you with a full refund of your order.

(i) No Other Products. Our delivery driver assisting you with your delivery  order are able to supply, retrieve or purchase on your behalf any Products that you did not order when placing your order.

26. Unfilled or Partially Filled Orders.

(a) No Liability. Please note that Company is not liable to you or to any other person or entity on whose behalf you place an order if we are unable or unwilling to supply a particular Product or quantity, in whole or in part, in your order.

(b) Product Availability; Substitutions. Availability of any Product is subject to change at any time without notice and we cannot confirm the availability of a Product until after your order is placed. In the event any Product you have ordered is unavailable, we may elect to complete and fill the remainder of your order by substituting with the similar products. You will not be charged for Products unavailable at the time of delivery or . If Products you paid for are missing from your order, you will be refunded according to the terms of subsection (c) below. For any substitutions that you do receive, if you are not satisfied with the substituted Product, you can return it for a full refund with the driver or by contacting our Customer Support line within 24 hours  after the date of your order delivery of the substituted Product. Company is not obligated to deliver Products that are unavailable at the time of delivery that were missing from an order.

(c) Missing Products. If any Product in your order you have paid for is missing from the Products received, you have 24 hours from the time of delivery or  to contact our Customer Support line toll-free at  for a full refund of the amount charged for such Product, which will be issued to the payment method used to place the order or at your option, as a credit on account that will be applied to your next order. Refunds may not be given for any Products missing from your order after the expiration of the 24-hour window.

(d) No Returns due to COVID- 19 for the safety of our employees ,affiliated service contractors and customers.

(e) No Rain Checks. All Products available through our The Blue Cart service are limited to quantities on hand. We do not issue rain checks through the The Blue Cart service or accept rain checks issued by any of our physical stores (or the physical stores of any of our affiliated companies) for any Products ordered through the The Blue Cart service.

27. The Blue Cart service Satisfaction Guarantee.

(a) Satisfaction Guarantee – Products. If you are not satisfied, for any reason, with any Product that you purchase through the The Blue Cart service contact our Customer Support line toll-free at (877) 505-4040 within seven days after the date of your order delivery . For any such qualifying refund, we will issue a credit to the payment method used to purchase the Product or, at your option, you may receive a credit on account that will be applied to your next order. Please note that this satisfaction guarantee does not cover damage caused by improper use, or storage, or accidents after delivery or , or any ordinary wear and tear on durable goods. You may have certain rights under applicable manufacturers' warranties (if any).

(b) Satisfaction Guarantee – Delivery Service. If you are not satisfied, for any reason, with our delivery or  service for a particular order, contact our Customer Support . At our discretion, we may issue a credit to the payment method used to pay for the order or, at your option, issue a credit on account that will be applied to your next order.