Welcome to the Albertsons family of grocery banner store Health and Pharmacy mobile application services. Albertsons
Companies, Inc., directly and through one or more of its affiliates/subsidiaries (collectively, "Company", "we",
“our”, and "us"), operates retail grocery stores and fulfillment centers across the United States under
well-known "banners," including, without limitation, ACME®, Albertsons®, Andronico's
®, Balducci's®, Carrs®, Haggen®,Jewel-Osco®
, Kings Food Markets®, Market Street®, Pavilions®, Randalls®
, Safeway®, Shaw's®, Star Market®, Tom Thumb®, and Vons
®.
These Health and Pharmacy Application Terms of Use (collectively, "Health and Pharmacy Terms") apply only to the
health and pharmacy services provided through mobile applications provided by Company and its banners’, which
link to or posting these Health and Pharmacy Terms (the “Health and Pharmacy Services”). There may be
different or additional terms and conditions applicable to specific components of certain of Company and its
banners’ websites, online ordering services, and other portion of the mobile applications (each a
“Site”, collectively, “Sites”). The additional or different terms and conditions posted to
such Sites (the “Site Terms”) govern the services and your engagement with those components of such
Sites. These Health and Pharmacy Terms are incorporated into such Site Terms by reference, and shall govern your use
of the other components of the Sites as applicable. To the extent that these Health and Pharmacy Terms conflict with
the Site Terms, the Health and Pharmacy Terms will govern and take precedence in connection with the Health and
Pharmacy Services, the Site Terms will apply to all other components of such Sites.
These Health and Pharmacy Terms apply to any and all users of any of our Health and Pharmacy Services, any person
who has notice of these Health and Pharmacy Terms, and any person acting as an agent of a user of any Health and
Pharmacy Service (herein referred to as “you”, your”, or any similar pronoun, or a
“user”). These Health and Pharmacy Terms govern your access to and use of all Health and Pharmacy
Services, among other things. By using a Health and Pharmacy Service, you acknowledge, and agree that you are 18
years of age or older with legal authority to enter into these Health and Pharmacy Terms. By accessing and/or using
any of our Health and Pharmacy Services, and by continuing to access and/or use any of our Health and Pharmacy
Services, you agree to be bound by these Health and Pharmacy Terms. If you do not agree to these Health and Pharmacy
Terms or updated Health and Pharmacy Terms, please do not access or use the Health and Pharmacy Services. If you are
accessing or using any of our Health and Pharmacy Services on behalf of any person or entity, you represent and
warrant that you are authorized to accept these Health and Pharmacy 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 Health and Pharmacy Services.
Please note, if you use any of our prescription online ordering services (“Prescription Online Ordering
Service"), there are additional terms and conditions that govern those services and your use of and access to them
(collectively, the “Prescription Online Ordering Services Terms”). The Prescription Online Ordering
Services Terms are incorporated herein by reference and are included herein under Section II.
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We reserve the right to update and/or modify the Health and Pharmacy Services and these Health and Pharmacy Terms at any time. We will notify you of any material updates to these Health and Pharmacy Terms, as required by applicable law. For this additional reason, you should keep your contact and profile information current. The date of the most recent version of these Health and Pharmacy Terms is noted at the top of the Health and Pharmacy Terms. Any modification will be effective upon posting of the updated Health and Pharmacy Terms, and your access to and/or use of any of the Health and Pharmacy Services after we post changes will constitute your acceptance of the modified Health and Pharmacy Terms. You agree to review these Health and Pharmacy Terms periodically to ensure that you are familiar with the most recent version. Please note the date these Health and Pharmacy Terms were last modified.
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We reserve the right to update and/or modify the Health and Pharmacy Services and these Health and Pharmacy Terms at any time. We will notify you of any material updates to these Health and Pharmacy Terms, as required by applicable law. For this additional reason, you should keep your contact and profile information current. The date of the most recent version of these Health and Pharmacy Terms is noted at the top of the Health and Pharmacy Terms. Any modification will be effective upon posting of the updated Health and Pharmacy Terms, and your access to and/or use of any of the Health and Pharmacy Services after we post changes will constitute your acceptance of the modified Health and Pharmacy Terms. You agree to review these Health and Pharmacy Terms periodically to ensure that you are familiar with the most recent version. Please note the date these Health and Pharmacy Terms were last modified.
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All information, data, materials, text, graphics, images, and other content available on the Health and Pharmacy Services, including Third Party Content, Medical Content and Nutritional Content, Fitness and Wellness 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 Health and Pharmacy Services, 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.
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Your use of any Content from the Health and Pharmacy Services 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 Health and Pharmacy Services, and Company shall not be liable for any errors or deficiencies in any Content on the Health and Pharmacy Services, 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, applications, services, or other events or activities ("Third Party Content") may be made available as part of the Health and Pharmacy Services or through links on the Health and Pharmacy Services, and such Third Party Content may be subject to its own additional license terms and policies. If you choose to access Third Party Content, you may be requested to log-in and sync your Health and Pharmacy Services Accounts with such Third Party Content. You should refer to the terms and policies posted on third party websites prior to using any such Third Party Content. Company does not endorse, oppose, or edit any opinion, claim, or analysis expressed by any third party or Third Party Content. You are in no way obligated to use any Third Party Content. You agree that Company is not responsible for the substance, availability, or accessibility of any Third Party Content accessible through the Health and Pharmacy Services and understand that you bear all risks associated with your access to and/or use of such Third Party Content. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third-Party Content. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party 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 Health and Pharmacy Services 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 Health and Pharmacy Services. Accordingly, you should not rely solely on the product information presented on the Health and Pharmacy Services, 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 Health and Pharmacy Services. In addition, even though we make an effort to describe and display our Offerings accurately on the Health and Pharmacy Services, Offerings through the Health and Pharmacy Services may be mispriced, described inaccurately, or unavailable and we may experience delay in updating information on the Health and Pharmacy Services and in our advertising on the Health and Pharmacy Services.
(c) Medical Content. WE DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE THROUGH THE HEALTH AND PHARMACY SERVICES. THE HEALTH AND PHARMACY SERVICES PROVIDED DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911.
All drug and interaction information; health or wellness information; health scores, and any other content available through Health and Pharmacy Services ("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 or as a substitute for physician consultation, evaluation, or treatment. Medical Content is not intended to constitute medical advice or diagnose, treat, cure, or prevent any medical condition and 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 or other medical professional 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 or a medical professional 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 Health and Pharmacy Services. Contact your qualified health-care provider or a medical professional immediately if you are not feeling well, have any health concerns or questions, or 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 Health and Pharmacy Services. 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.
YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND COMPANY.
You represent to us (which representation shall be deemed to be made each time you use the Health and Pharmacy Services), that you are not using the Health and Pharmacy Services or participating in any of the activities offered by the Health and Pharmacy Services for purpose of seeking medical attention.
(d) Nutritional Content. Any nutritional information about recipes provided on the Health and Pharmacy Services ("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 of any foods 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 Health and Pharmacy Services or the results of preparing the recipes. Also, the Health and Pharmacy Services 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.
(e) Fitness and Wellness Information. We provide our Health and Pharmacy Services for information purposes only, and can't be held liable if you suffer an injury or experience a health condition. You should consult with your qualified health-care provider or medical professional and consider the associated risks before using our Health and Pharmacy Services in connection with any Medical Content, fitness or wellness regimen-oriented Content or any dietary program-oriented Content. By using the Health and Pharmacy Services, you agree, represent and warrant that you have consulted with and received consent from your qualified health-care provider or a medical professional to participate in any of the related activities made available to you in connection with the Health and Pharmacy Services. Further, you agree, represent and warrant that you have consulted with your qualified health-care provider or a medical professional before making any dietary changes based upon information available through the Health and Pharmacy Services. Everyone’s condition and abilities are different, and participating in any fitness and wellness activities is at your own risk. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.
You may be able to track or input your activity directly or from Third Party Content regarding your physical movements, body metrics, or sleep activity (“Activity Tracking”). Activity Tracking relies on information you provide or information provided by Third Party Content. The data and information provided by the Activity Tracking are intended to be a representation of your activity, but may not be completely accurate, including with respect to step, distance, sleep, heart rate, or calorie data. By using Activity Tracking, you acknowledge and agree that Company is not responsible or liable for any inaccuracy in such data.
(f) Health Scores. You may receive a health score calculation based on information you have submitted to the Health and Pharmacy Services (“Health Score”). The Health Score is for informational purposes only. Health Scores are not intended to constitute medical advice or diagnose, treat, cure, or prevent any medical condition and you should not rely on the Health Scores nor use it as a self-diagnosis or for treating a health problem or disease.
(g) Telehealth Providers. Company may link to a third party platform where you can connect to providers that may provide online telehealth medical consultations services through the use of synchronous and asynchronous telecommunications technologies. The physicians and other healthcare professionals employed or contracted with the third party medical group (individually, a “Provider,” and collectively, the “Providers”) are independent and are not provided by Company. The professional medical services provided by Providers are collectively referred to in these Health and Pharmacy Services as the “Telehealth Services”. Telehealth Services are subject to the terms and conditions of the Provider, including the terms and privacy policies governing the site at which Telehealth Services are provided by the Providers. Company may use more than one Provider for the Telehealth Services. Telehealth Services may vary depending on your location.
Company does not provide medical advice or care through the Health and Pharmacy Services. Providers are not contracted or employed by Company. The Providers are independent of Company. Company does not endorse any specific medical treatment, medication, pharmacy, or pharmacologic product. We fully honor your freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct the Provider to transmit that prescription to the pharmacy of your choice.
Company Entities (as defined below) shall not be liable for any professional advice obtained from a Provider via the Telehealth Services. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Telehealth Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
The Telehealth Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other qualified healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
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The Healthy Points Program (“Program”) is offered at the sole discretion of Company. The Program is available to individuals for their personal use only and is limited to one account per individual. The Program is a way in which we reward you for taking Program related actions. You are able to earn healthy points for starting and completing select actions and goals within the Health and Pharmacy Services (“Healthy Points”). The Healthy Points Program is free to participate in and does not require purchases to start earning points. Once an action or a goal has been completed, you will earn the stated number of Healthy Points for the respective action or goal. Eligible actions and goals, the associated Healthy Points available for actions and goals, and Rewards may change from time to time and may be offered on a limited basis. Visit the ‘My Health Rewards’ page within the Health and Pharmacy Services to learn more about earning and redeeming Healthy Points. Healthy Points are not interchangeable or exchangeable for other Company loyalty points.
Healthy Points can be redeemed for certain grocery coupons and other rewards as made available within the Health and Pharmacy Services (each a “Reward”, together “Rewards”). To redeem Healthy Points, you must have accumulated the minimum number of Healthy Points as established by us for a particular Reward. Once your Healthy Points are redeemed for Rewards and the Reward has been added to your Shopping account, you will have 30 days to redeem your Reward before it expires. Upon the return and/or exchange of products purchased using a Reward earned through the redemption of Healthy Points, all redeemed Healthy Points will be forfeited. Rewards may only be used for qualifying grocery purchases for items at a participating Company banner grocery store (in-store or online). Qualifying grocery purchases exclude: purchase of any (1) alcoholic beverages and tobacco products; (2) fuel and automotive services; (3) bus/commuter passes, fishing/hunting licenses and tags, ski/amusement park passes, stamps, money orders/transfers, lottery/event tickets; (4) any financial instrument that can be redeemed for goods or services at participating Albertsons Companies grocery banner stores—including (but not limited to) gift certificates, money orders/transfers, and gift or debit cards; (5) phone cards; (6) all fuel gift cards, including but not limited to Chevron and/or Texaco; and (7) all fluid dairy items in the refrigerated dairy section—including fluid dairy substitutes, depending on state and local laws. Bottle/container deposits, sales, and other tax payments, fees, and other charges, if applicable, are not purchases and are not eligible to earn points. Not valid for orders placed with third party delivery providers including without limitation, Instacart, DoorDash, and UberEats. Rewards may not be used on past purchases.
You must have connected the Health and Pharmacy Services to your Shopping account and be logged in to your Shopping account to claim your Reward and use your Reward. Healthy Points expire on an annual basis, to see more details about Healthy Points expiration navigate to the 'My Health Rewards ' page within Health and Pharmacy Services. You must redeem your available Healthy Points within one year of when the Healthy Points were issued, or the available Healthy Points will expire. You are not required to redeem your accumulated Healthy Points. Healthy Points may not be shared or combined. Healthy Points do not have any cash value, are not exchangeable for cash, are non-transferable, and you have no property rights in or to Healthy Points or other Program benefits. Healthy Points are not interchangeable and may not be exchanged for any other rewards points, including Banner for U™ points or other points provided under any loyalty or rewards programs offered by Company. The exchange, trade, sale, barter, transfer, gifting, or assignment of any Healthy Points or Rewards offered through the Program, other than by us, is expressly prohibited. Any points so acquired will be void. Rewards are subject to terms, conditions and restrictions as set forth in the terms and conditions of the Rewards, including expiration. The accumulation of points does not entitle you to any vested rights in Healthy Points or Rewards, and Company and/or its grocery banners do not guarantee in any way the continued availability of any rewards, redemption level, rebate, or any other benefit. There may be restrictions on number of times you can earn certain Healthy Points and/or a maximum of Healthy Points that may be earned for specific activities and goals, any maximum or limitation on Healthy Points will be disclosed below:
First Login of the Quarter: maximum 1000 healthy points per 90 days
Complete Goals Across Categories: maximum 1000 healthy points per 90 days
Complete Multiple Goals Within a Category: maximum 1000 healthy points per 90 days
Activity Tracking: maximum 50 healthy points for logging 8000 steps through a connected tracker or completing a 30min workout per day for 60 days per 90 days
Sleep Tracking: maximum 50 healthy points for logging sleeping 7-9 hours per day for 60 days per 90 days
Nutrition Goals: maximum 300 health points for completing up to 20 nutrition goals per 90 days
Activity Goals: maximum 300 health points for completing up to 20 activity goals per 90 days
Assessments: maximum 1000 healthy points if you update your nutrition, activity, mental wellbeing, or mindfulness assessment per 90 days
We reserve the right to change Program benefits, how you earn and redeem Healthy Points, Rewards, and/or other Program activity. We reserve the right to place limits on the number of activities that are eligible for the Program and/or for any point level, the number or types of Rewards or benefits you may receive at any given point level, in a given time period or for the duration of the Program, and/or any combination thereof.
If you have concerns that about your activity, redemption, or Reward was not properly applied to your account, you should contact Customer Service online using the form at one of the following pages:
www.albertsons.com/inquiry/contact-us.html
www.safeway.com/inquiry/contact-us.html
www.vons.com/inquiry/contact-us.html
www.pavillions.com/inquiry/contact-us.html
www.randalls.com/inquiry/contact-us.html
www.tomthumb.com/inquiry/contact-us.html
www.jewelosco.com/inquiry/contact-us.html
www.shaws.com/inquiry/contact-us.html
www.carrsqc.com/inquiry/contact-us.html
www.kingsfoodmarkets.com/inquiry/contact-us.html?inquiry=delivery-pickup
www.marketstreetunited.com/inquiry/contact-us.html
www.acmemarkets.com/inquiry/contact-us.html
www.andronicos.com/inquiry/contact-us.html
www.balduccis.com/inquiry/contact-us.html
www.starmarket.com/inquiry/contact-us.html
www.haggen.com/inquiry/contact-us.html
or by calling (877) 505-4040 . This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.
Healthy Points can only be earned and redeemed through the Health and Pharmacy Services, and may not be earned or redeemed in-store. The Program, Healthy Points, and its benefits are offered at Company’s sole discretion. We may, in our discretion, cancel, modify, restrict or terminate the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of Healthy Points already accumulated or earned and/or the ability to redeem accumulated Healthy Points.
Certain Offerings within the Health and Pharmacy Services have specific additional terms and/or disclaimers, please see such specific Offering terms below:
THE BELOW OFFERINGS ARE ONLY VALID FOR CUSTOMERS THAT CREATE A NEW HEALTH AND PHARMACY SERVICES ACCOUNT. See rewards account for offer dates. Limit 1 of each offer per Sincerely Health account. No monetary value, no cashback. We reserve the right to correct or modify/cancel the offer. Full terms available at https://www.albertsonscompanies.com/policies-and-disclosures/terms-of-use/default.aspx
- OFFERING: Earn $10 off $50 when you create a HEALTH AND PHARMACY SERVICES account. LIMIT 1 PER ACCOUNT. May not be combined with other offers, and other restrictions may apply. We reserve the right to modify or cancel offers/orders and/or to correct typographical, pictorial, and other ad or pricing errors.
- OFFERING: $5 off $25 when you take a health assessment LIMIT 1 PER ACCOUNT. May not be combined with other offers, and other restrictions may apply. We reserve the right to modify or cancel offers/orders and/or to correct typographical, pictorial, and other ad or pricing errors.
- OFFERING: $5 off $25 when you connect a smart device LIMIT 1 PER ACCOUNT. May not be combined with other offers, and other restrictions may apply. We reserve the right to modify or cancel offers/orders and/or to correct typographical, pictorial, and other ad or pricing errors.
- OFFERING: $5 off $25 when you link a pharmacy account LIMIT 1 PER ACCOUNT. May not be combined with other offers, and other restrictions may apply. We reserve the right to modify or cancel offers/orders and/or to correct typographical, pictorial, and other ad or pricing errors.
We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your Health and Pharmacy Services Account at any time, in our sole discretion. We are not responsible for Healthy Points or Rewards lost or redeemed due to fraudulent activity.
Any suspected abuse of the Program, failure to follow the Health and Pharmacy Terms, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Program Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Healthy Points or Rewards may result in the revocation of your Health and Pharmacy Services Account and make you ineligible for further participation in the Program. If your Health and Pharmacy Services Account is revoked, any Healthy Points in your Health and Pharmacy Services Account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Health and Pharmacy Terms, we also have the right to take appropriate legal action, in our sole discretion.
NEITHER COMPANY NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS (“COMPANY ENTITIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PROGRAM, THE HEALTHY POINTS, OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT NEITHER COMPANY NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (b) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (c) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (d) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE PROGRAM; (e) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL.
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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 Health and Pharmacy Services. All other linking to any of our Health and Pharmacy Services 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 Health and Pharmacy Services. The inclusion of a hyperlink to any of our Health and Pharmacy Services 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 Health and Pharmacy Services, any text or design of the Health and Pharmacy Services, or any form contained on the Health and Pharmacy Services, without our prior written consent.
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There may be areas of the Health and Pharmacy Service where you can upload photos and submit information and other content (“User Content”).
You agree that you will not under any circumstances:
Post any User Content that infringes an intellectual property, privacy, or other rights of a third party
Collect or harvest any personal information of any user of the Health and Pharmacy Services
Distribute/share any part of the Health and Pharmacy Services without our prior written permission
Use another user’s account without permission
Intentionally allow another user to access your account
Provide false or inaccurate information when registering an account
Interfere or attempt to interfere with the proper functioning of the Health and Pharmacy Services
Make any automated use of the Health and Pharmacy Services or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure
Publish or link to malicious User Content of any sort, including anything intended to damage or disrupt another user’s browser or computer
We may suspend and/or terminate your Health and Pharmacy Services Account if you violate any of the rules above.
In addition to your use of our Health and Pharmacy Services, you will follow the rules below when posting any User Content:
If you are submitting User Content on behalf of someone else, you represent and warrant that you are authorized to accept these UGC Terms on behalf of such person or entity
You are solely responsible for the User Content that you post, upload, link to, or otherwise make available via the Health and Pharmacy Services
You will not impersonate anybody
You understand and agree that any liability, loss or damage that occurs as a result of the User Content that you access or submit is solely your responsibility.
By posting any User Content via the Sites, you expressly grant, and you represent and warrant that you have a right to grant, to Company a royalty-free, sublicensable, transferable, assignable, unlimited, perpetual, irrevocable, non-exclusive, worldwide right and license to use, reproduce, copy, modify, publish, adopt, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name (including your account name), voice, likeness and any other personal information as contained in such User Content, and list information regarding such User Content if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Health and Pharmacy Services as deemed necessary by the Company.
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Subject only to the provisions of our Privacy Policy, any comments or materials that you submit to Company, including, without limitation, any questions, comments, suggestions, or other feedback regarding Company, its Offerings, or any of the information on the Health and Pharmacy Services, ("Feedback") will be considered to be non-confidential and non-proprietary. Company shall be free to use and disclose, with no notice or 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. Despite this right of ours, you are solely responsible for any Feedback you make available, and you agree to indemnify Company for all claims resulting from any Feedback you make available.
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You may be permitted or required to create an Health and Pharmacy Services account (a “Health and Pharmacy Services Account”) on or through one of our Health and Pharmacy Services to use Offerings we offer. Your use of the Health and Pharmacy Services Account may also be covered by other terms which are incorporated herein by reference, or the terms governing the Prescription Online Ordering Service set out in The Prescription Online Ordering Services Terms. You agree to such additional terms, and, unless otherwise provided in those separate terms, you agree to use and access your Health and Pharmacy Services Account solely for lawful purposes consistent with the service(s) and program(s) offered through the Health and Pharmacy Services Account. When you create an Health and Pharmacy Services 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 Health and Pharmacy Services Account in any way that circumvents limits on offers, discounts, promotions or coupons, and that we may terminate any Health and Pharmacy Services Account we believe has engaged in such activities. You agree to keep your password confidential and not share it with anybody else. If you provide us with the information of any third party you represent and warrant that you have that third party’s permission to provide their information.
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You are solely responsible for any authorized or unauthorized access to and/or use of your Health and Pharmacy Services Account by any person, the security of your Health and Pharmacy Services Account, and for all charges incurred through your Account. You agree to notify Company promptly (at the contact information set forth in Section 28 of these Health and Pharmacy Terms) regarding any unauthorized access to and/or use of your Health and Pharmacy Services Account. We are not liable for any loss you incur as a result of someone else using your password or account, either with or without your knowledge, and are not responsible for any delay in shutting down your Health and Pharmacy Services Account after you have reported a breach of security to us. You further agree that you will remain liable for any charges incurred through your Health and Pharmacy Services Account until you so notify Company.
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We reserve the right to suspend or terminate your Health and Pharmacy Services Account at any time, with or without notice to you. You may terminate your Health and Pharmacy Services Account at any time by notifying Company in accordance with Section 28 of these Health and Pharmacy Terms. Company reserves the right to collect, and you shall be liable for payment of, any fees and charges incurred before your Health and Pharmacy Services Account is terminated.
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With respect to each mobile application made available by Company for downloading (each an "App" or "Company App"), and without limiting any other terms and conditions herein, by taking the required steps to download the App or create an Health and Pharmacy Services Account on the App, you are expressly agreeing that you have read, understand and agree to be bound by these Health and Pharmacy Terms and any updates or amendments to these Health and Pharmacy Terms. Check these Health and Pharmacy Terms in the App or online periodically to access our most current Health and Pharmacy 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 Health and Pharmacy Services 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 Health and Pharmacy 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 Health and Pharmacy 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 Health and Pharmacy Service Terms for more information.
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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 Offering. 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 Health and Pharmacy Services, you consent to and authorize storage of your card data (Name, Credit/Debit Card number, Expiration Date) for purposes of future online transactions, all transactions made via the Health and Pharmacy Services 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 Health and Pharmacy Services Account, please contact customer service at: Customer Service Center, Albertsons Companies, Inc., M/S 10501 P.O. Box 29093, Phoenix, AZ 85038-9093 or (877) 505-4040.
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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 Health and Pharmacy 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 Health and Pharmacy 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 Health and Pharmacy 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 Health and Pharmacy Terms as they relate to your license of our iOS App. Upon your acceptance of these Health and Pharmacy Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Health and Pharmacy Terms against you as they relate to your license of our iOS App as a third party beneficiary thereof.
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The Offerings we provide may use your location to enable certain features of the Offerings. 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 Health and Pharmacy Services on the Internet. The Offerings may include and make use of certain functionality and services provided by third parties that allow the Offerings to include maps, geocoding, places and other Content from those third parties as part of the Offerings (the "Geo-Location Services"). Your use of the Geo-Location Services may be subject to such third parties' terms of use.
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The Health and Pharmacy Services, and all Content available on the Health and Pharmacy Services, are protected by copyright laws. Unless specified otherwise on the Health and Pharmacy Services, no portion of the Health and Pharmacy Services may be copied, displayed, performed, republished, transmitted, or distributed in any way or form, nor may any derivative work of any Site or Content be created, without Company's prior written consent. Any such use of any Content for any purpose not authorized under these Health and Pharmacy Terms is a violation of the copyrights of Company (or other entities). Permission for all uses of the Health and Pharmacy Services other than as expressly authorized under these Health and Pharmacy Terms must be obtained from Company or the appropriate owner thereof in advance and in writing. The use of the Health and Pharmacy Services or any Content available thereon on any other website or networked computer environment is prohibited. Your access to or use of the Health and Pharmacy Services does not grant you any rights, either intentionally or by implication, to any program, tool, or application.
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All trademarks, service marks, logos, trade names and trade dresses in or on the Health and Pharmacy Services, 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 Health and Pharmacy Services, in each case whether registered or unregistered, and related goodwill, are owned exclusively by and are proprietary to Company or other entities.
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You are prohibited from violating, or attempting to violate, the security of the Health and Pharmacy Services; rendering the Health and Pharmacy Services inaccessible to others; imposing an abnormal or unreasonable burden on the hardware and software infrastructure for the Health and Pharmacy Services; or otherwise compromising or causing or attempting to cause damage to the Health and Pharmacy Services. 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.
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Company has the right, but not the obligation, to monitor any activity on the Health and Pharmacy Services or your access to and use of Content associated with any interactive area on the Health and Pharmacy Services. 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 Health and Pharmacy Services, at any time without prior notification to you.
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(a) access the Health and Pharmacy Services 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 Health and Pharmacy Services for any commercial purpose without Company's prior written approval in each instance;
(c) access the Health and Pharmacy Services with any data extraction, scraping, mining, or other data gathering tools; create a database by systematically downloading or storing any Content from the Health and Pharmacy Services (such as a list of our physical store locations); or otherwise scrape, collect, store, or use any Content from the Health and Pharmacy Services, including without limitation any product listings, descriptions, prices, or images, except in all cases as expressly authorized under these Health and Pharmacy 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 Health and Pharmacy Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Content on the Health and Pharmacy Services, excluding indices which enable the purchase of Offerings 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 Health and Pharmacy Services or with our prior written authorization);
(e) mirror or frame the homepage or any other pages of the Health and Pharmacy Services 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 Health and Pharmacy Services 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 Health and Pharmacy Services (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 Health and Pharmacy Services 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.
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The Health and Pharmacy Services 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. For a list of any Third Party Software currently in use Visit Disclosures list for Third Party Software and Open Source.
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Important: The Health and Pharmacy Services, the Program, and all Content available on the Health and Pharmacy Services, 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 Entities disclaim 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 Entities do not warrant that the Health and Pharmacy Services, including the Program, will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Health and Pharmacy Services, including the Program, will be free of viruses or other harmful components. Company Entities do not make any representations or warranties regarding the access or use of, or the results of the use of the Content on the Health and Pharmacy Services (including all descriptions, images, references, features, specifications, information, data, Offerings, and prices/availability of Offerings described or depicted on the Health and Pharmacy Services or Offerings offered through the Health and Pharmacy Services) or the Program 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.
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Important: To the fullest extent permitted under applicable law, under no circumstances (other than injury to the person in the case of consumer goods) shall Company Entities be liable for any consequential, incidental, special, punitive, exemplary, or indirect damages, or any lost profits or lost revenues, resulting from, based on, or arising out of (i) your access or use of, or inability to access or use, the Health and Pharmacy Services, the Program, Telehealth Services, Medical Content, Nutritional Content, and/or the Content; (ii) any transaction conducted through or facilitated by the Health and Pharmacy Services or the Program; (iii) any claim attributable to errors, omissions, deficiencies, or other inaccuracies in the Health and Pharmacy Services, the Program, Telehealth Services, Medical Content, Nutritional Content, and/or the Content; (iv) any unauthorized access to, or use, disclosure or alteration of, your transmissions of data including, without limitation, your personal information or payment card information; (v) statements or conduct of any third party on the Health and Pharmacy Services or through the Telehealth Services; (vi) the use, disclosure, or display of the User Content; or (vii) any other matter related to the Health and Pharmacy Services, the Program, Telehealth Services, Medical Content, Nutritional Content, and/or the Content, even if Company, a Company Entity, or a Company representative has been advised of the possibility of such damages. Notwithstanding the foregoing, Company Entities’ total liability to you (excluding any liability for injury to the person in the case of consumer goods), whether under contract, warranty, tort (including but not limited to negligent, but excluding grossly negligent, reckless and intentional, acts of the Company), product liability, strict liability or any other theory, arising from these Health and Pharmacy Terms, the Program, your access to and/or use of the Health and Pharmacy Services or the Program, or use or display of your User Content, for any reason whatsoever shall be limited in the aggregate to the total of all payments you have made to Company (if any) during the three-month period preceding the date of such claim. If you are dissatisfied with any of the Health and Pharmacy Services, the Program, any Content, or any programs and/or services provided by Company through any of the Health and Pharmacy Services, your sole and exclusive remedy is to discontinue using the Health and Pharmacy Services and/or the Program. Applicable law may not allow some or all of this exclusion or limitation of liability for damages, so some of these exclusions or limitations may not apply to you. The foregoing provision is enforceable in the State of New Jersey.
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You agree to defend (at Company’s option), indemnify, and hold harmless Company Entities, and each of their their respective officers, directors, employees, owners, agents, information and service providers, licensors and licensees, for, from, and against any and all third party claims, complaints, suits, actions, demands, enforcement actions, penalties, fines, fees, interest, awards, settlement awards, judgements, arbitrations, mediations, investigations, charges, liabilities, losses, damages, expenses, and costs (including reasonable attorney fees) arising from, related to, or in connection with your conduct in connection with accessing, using, and/or misusing any of the Health and Pharmacy Services, your submission of any User Content, or your breach of these Health and Pharmacy Terms. This provision does not apply to acts of Company. You shall cooperate with Company in the defense of any such claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. Some jurisdictions limit consumer indemnities, so some portions or all of this indemnity provision may not apply to you. The foregoing provision is enforceable in the State of New Jersey.
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These Health and Pharmacy Terms, and any matter related to or arising from your access to or use of any of the Health and Pharmacy Services, shall be governed by and construed in accordance with the laws of the state of Delaware, without resort to its conflict of law principles.
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(a) (a) Except for cases involving claims for public injunctive relief (as defined by law), you and Company agree that all controversies, claims, counterclaims, or other disputes arising between you and Company relating to these Health and Pharmacy Terms or arising out of your access to or use of any of the Health and Pharmacy Services, including any questions of arbitrability (each a "Claim") will be resolved through binding and final arbitration instead of through court proceedings. This agreement to arbitrate means that each of you and Company waive your/its respective rights to a jury trial. Any and all Claims shall be submitted for binding arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures that are in effect at the time arbitration is initiated ("JAMS Rules"). You may, in arbitration, seek any and all remedies otherwise available to you under applicable federal, state or local laws, except as provided below in subsection (f) of this Section 26. If you decide to initiate arbitration, you agree to pay an arbitration initiation fee of $250 (unless the fee is waived as discussed in subsection (b)(4) of this Section 26), and Company will pay the remainder of the arbitration initiation fee and all other costs of the arbitration proceeding, including the arbitrator's fees. The arbitration will be seated in Boise, Idaho, but any in-person hearings will be held at a location in your hometown area, unless you and Company both agree to another location or virtual arbitration of any kind.
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(b) For information on filing your Demand for Arbitration, you may contact JAMS toll free at (800) 352-5267. To start an arbitration hereunder, you must do all of the following:
Write a demand for arbitration (your "Demand for Arbitration"). Your Demand for Arbitration must include a description of the Claim and the amount of damages sought to be recovered, and you must attach a copy of all of these Health and Pharmacy Terms (including this arbitration provision). You can find a form of a demand for arbitration on the JAMS rules page at http://www.jamsadr.com/rules-download/.
Send one copy of your Demand for Arbitration to Company at: Albertsons Companies, Inc., 250 E. Parkcenter Blvd., Boise, ID 83706 Attn: General Counsel.
Send two copies of your Demand for Arbitration (with a copy of these Health and Pharmacy Terms attached) and proof of service of your Demand for Arbitration on Company at the address noted in subsection (2) above (for example, a copy of a certified mail return receipt requested or a sworn statement of service by a non-party over 18 years of age) to the JAMS Resolution Center of your choice (JAMS Resolution Centers are listed at http://www.jamsadr.com/locations/).
Pay JAMS a $250.00 arbitration initiation fee, unless you are entitled to a waiver of the fee under California Code of Civil Procedure Section 1284.3 or other applicable law.
(c) In the event Company elects to start an arbitration with you hereunder, Company must write a demand for arbitration and send two copies of it to JAMS and serve one copy of Company's Demand for Arbitration to you at the contact information that we have on file for you. Company will pay all costs of the arbitration proceeding, including the arbitrator's fees, for any arbitration that Company commences.
(d) The arbitration will be heard and determined by a single, neutral arbitrator selected in accordance with the JAMS Rules. The arbitrator shall render a final and binding award in accordance with the JAMS Rules. Any award may be enforced in any court of competent jurisdiction. Except for the foregoing, the arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any federal or state court that has jurisdiction. You and Company agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
(e) The terms of this Section 26 do not preclude you or Company from seeking action by federal, state, or local government agencies. You and Company also have the right to bring qualifying claims in small claims court. In addition, you and Company retain the right to apply to any court of competent jurisdiction for public injunctive relief and/or provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Health and Pharmacy Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Health and Pharmacy Terms.
(f) Neither you nor Company may act as a class representative, nor participate as a member of a class of claimants or in any collective arbitration action of any kind, with respect to any Claim. Claims may not be arbitrated on a class, collective, or representative basis. The arbitrator can decide only your and/or Company's individual Claims. The arbitrator may not consolidate or join the claims of any other persons or parties for any reason without the other Party’s consent. Accordingly, you and Company agree that the JAMS Class Action Procedures do not apply to Company's arbitration. This arbitration provision and the procedures applicable to the arbitration contemplated by this provision are governed by the Federal Arbitration Act, notwithstanding any state law that may be applicable.
(g) A court may sever any portion of this Section 26 that it finds to be unenforceable, except for the prohibitions on any Claim being handled on a class or representative basis. No waiver of any provision of this Section 26 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Health and Pharmacy Terms. This Section 26 will survive the termination of your relationship with Company and any termination of your access to and/or use of all or any part of any of the Health and Pharmacy Services.
(h) Important: This Section 26 limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in the JAMS Rules, and the right to certain remedies and forms of relief. Other rights that you or Company would have in court also may not be available in arbitration.
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When you visit the Health and Pharmacy Services or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Health and Pharmacy Services. If you contact us by email, telephone, facsimile, in-App customer service, online chat or similar electronic communication service, you consent to our use of the same communication method, and/or any email address or telephone number you provide in contacting us, to respond to your contact. In addition, if you register or create an Health and Pharmacy Services Account on any of the Health and Pharmacy Services, you consent to our use of the contact information provided in that process to contact you regarding your Health and Pharmacy Services Account. Company reserves the right to send you emails relating to your Health and Pharmacy Services Account or use of its Offerings, such as administrative and service announcements or if we suspect fraud, and these transactional or Health and Pharmacy Services Account messages may be unaffected if you choose to opt out from receiving Company marketing emails. You further understand that the Company may send you sales and marketing communications, such as by email or push notification through any Company App you have downloaded. You can opt out of receiving Company sales and marketing emails at any time by following the unsubscribe instructions in those emails. This will not affect subsequent subscriptions and if your opt-in is limited to certain types of emails, the opt-out will also be so limited. Similarly, you can limit your receipt of push notifications by adjusting the settings of your mobile device. You may be given the opportunity to opt in to Company recurring message programs which provide updates regarding product and service information/availability, marketing messages and promotional offers. These marketing messages may be autodialed, prerecorded or promotional and may be delivered via voice or text. Company texting programs send five or fewer messages per month, unless otherwise noted at the time of opt-in. You may opt out of receiving text messages at any time by replying "STOP" to the message. You may receive one confirming text. Message and data rates may apply. Carriers and Albertsons Companies, Inc. are not liable for delayed or undelivered messages. You may opt out of any voice telephone message program by following the directions provided during the telephone call.
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Company conclusively presumes that communications received from you through any Health and Pharmacy Services Account you have created, as well as any orders submitted via the Prescription Online Ordering Service in your name are accurate, complete, and authorized by you (or the person or the entity on whose behalf you place the order) as received by Company. You agree not to contest the validity and binding legal effect of those communications.
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Any written notice, demand, consent or other similar communication related to these Health and Pharmacy Terms, your Health and Pharmacy Services Account, the Prescription Online Ordering Service given by one party to the other shall be deemed to have been given when delivered, in each case, addressed as follows:
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(a) If from You to Company:
Customer Support Center, Albertsons Companies, Inc., M/S 10501 P.O. Box 29093, Phoenix, AZ 85038-9093.
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(b) If from Company to You:
At the email or mailing address specified in your Health and Pharmacy Services Account or the address provided when placing an order through the Prescription Online Ordering Service.
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Company may terminate your access to and/or use of all or any part of any of the Health and Pharmacy Services for any or no reason, at any time, in its sole discretion, with or without notice to you.
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No waiver, express or implied, by you or Company of any breach or default under these Health and Pharmacy Terms by the other party will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
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If any provision of these Health and Pharmacy Terms shall be deemed unlawful, invalid or for any reason unenforceable, then that provision shall be deemed severable from these Health and Pharmacy Terms but severing any such provision from these Health and Pharmacy Terms shall not affect the validity and enforceability of any remaining provisions.
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Please refer to our Privacy Policy, which is incorporated herein by reference, for information regarding how Company collects, uses and shares information about users of our Health and Pharmacy Services.
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If you believe your work has been copied on the Health and Pharmacy Services in a way that constitutes copyright infringement, please send our Copyright Agent a written notification ("Infringement Notification") containing all the following information:
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(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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(b) Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single Infringement Notice, a representative list of such works at the Health and Pharmacy Services;
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(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
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(d) Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an email address;
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(e) A statement that you have a good faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
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(f) A statement that the information in the Infringement Notification is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Company's Copyright Agent for notice of claims of copyright infringement on or relating to the Health and Pharmacy Services can be reached as follows: Copyright Agent, Legal Department, Albertsons Companies, Inc., 11555 Dublin Canyon Road, Pleasanton, CA 94588, Phone: 925-226-5000.
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We reserve the right, in our sole discretion, to modify or discontinue all or any part of the Health and Pharmacy Services and part thereof, or may prevent your use of the Health and Pharmacy Services—including any or all of the Content on the Health and Pharmacy Services (including without limitation, all descriptions, images, references, features, specifications, information, articles, data, offers, and prices/availability of Offerings described or depicted on the Health and Pharmacy Services, or any Offerings offered through the Health and Pharmacy Services)—at any time with or without notice to you. You agree that you do not have any rights in the Health and Pharmacy Services and that we will have no liability to you if the Health and Pharmacy Services are discontinued or your ability to access the Health and Pharmacy Services (including any Content) is terminated.
In addition, the Health and Pharmacy Services (including the Content) may contain typographical, pictorial and/or other errors, deficiencies, or inaccuracies and may not be complete, correct, reliable, useful, suitable, accurate, timely, or current. We assume no responsibility for any such errors, deficiencies, inaccuracies, or omissions on any of the Health and Pharmacy Services (including the Content) and do not guarantee that they will be corrected. We reserve the right to (i) discontinue any stated Offering or other offer, (ii) delete, change or update prices, promotions, offers, discounts, savings, product and/or service descriptions or specifications, or other information, with no further obligation to you, even after your receipt of an order confirmation from us, and (iii) delete, change or update the Content or any program offered through the Health and Pharmacy Services at any time without prior notice. In the event of an error involving product pricing, selection, availability, or the terms of an offer, changes will take effect upon posting of the updated information on the Health and Pharmacy Services, unless otherwise noted.
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These Health and Pharmacy Terms set forth in this These Health and Pharmacy Terms and any other terms and conditions incorporated by reference or to which a link is provided in these Health and Pharmacy Terms, as well as any other terms and conditions posted to any specific component of the Health and Pharmacy Services with which you engage, shall be the sole terms of the agreement between you and Company regarding your access to and/or use of the Health and Pharmacy Services.
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If you have any questions about these Health and Pharmacy Terms or requests for additional information, please call our Customer Support Center online using the form at one of the following pages:
www.albertsons.com/inquiry/contact-us.html
www.safeway.com/inquiry/contact-us.html
www.vons.com/inquiry/contact-us.html
www.pavillions.com/inquiry/contact-us.html
www.randalls.com/inquiry/contact-us.html
www.tomthumb.com/inquiry/contact-us.html
www.jewelosco.com/inquiry/contact-us.html
www.shaws.com/inquiry/contact-us.html
www.carrsqc.com/inquiry/contact-us.html
www.kingsfoodmarkets.com/inquiry/contact-us.html?inquiry=delivery-pickup
www.marketstreetunited.com/inquiry/contact-us.html
www.acmemarkets.com/inquiry/contact-us.html
www.andronicos.com/inquiry/contact-us.html
www.balduccis.com/inquiry/contact-us.html
www.starmarket.com/inquiry/contact-us.html
www.haggen.com/inquiry/contact-us.html
by calling (877) 505-4040, or a letter at the following mailing address:
Customer Support Center
Albertsons Companies, Inc.
M/S 10501 P.O. Box 29093
Phoenix, AZ 85038-9093
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