Website Terms of Use
1. Acceptance of the Terms of Use.
This Website is owned by Village ShopRite. By accessing or using this Website and all associated pages and services, you (the “User”) confirm that you have read, understand and agree to be bound by these terms of use (“Terms of Use”). Please read the Terms of Use carefully and print a copy for your records.
IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE OUR WEBSITE.
2. Changes to these Terms of Use.
By accessing our Website, you acknowledge that we have the right to revise and amend these Terms of Use without prior notice. We will post any changes to these Terms of Use on the Website. Please refer back to the Terms of Use regularly. Your continued use of our Website following our posting of any such changes will mean that you accept such changes.
3. This Website is for Use by Individuals 18 years of age and older.
This Website is intended solely for natural persons who are eighteen (18) years of age or older, and any use of or access to the Website by any person under 18 is unauthorized and in violation of these Terms of Use. By using the Website, you represent and warrant that, you are a natural person, you are 18 or older, and that you agree to and will abide by all of the terms and conditions of these Terms of Use.
4. Website Use Restrictions.
Without our prior written consent, you may not:
- Use any automated means to access this Website or collect any information from the Website (including, without limitation, robots, spiders, scripts, or other automatic devices or programs)
- Frame the Website, utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over this Website’s pages, or otherwise affect the display of this Website’s page;
- Engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information; or
- Use this Website in any manner that violates applicable law or that could alter, damage, disable, overburden, or impair this Website or interfere with any other party’s use and enjoyment of this Website.
5. User Representations.
You represent, warrant, and agree that no materials of any kind submitted by you through this Website will violate or infringe upon the rights of any third party, including without limitation any copyright, trademark, patent, privacy, publicity, or other personal or intellectual property rights; or contain libelous, defamatory, or otherwise unlawful material.
In addition, you agree not to use the Website to:
- Operate as a User on behalf of, or for the benefit of, any person who is not eligible to register for or operate as a User in their own name;
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with or authority to act on behalf of any person or entity;
- Upload, post, transmit, share, store, or otherwise make publicly available on the Website any private information of any third party individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers, unless expressly authorized to do so by that third party;
- Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Website.
6. Information Posted on the Website.
As between us and you, all content on the Website uploaded, published, or displayed by us, including designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement, is the property of Village ShopRite. To the best of our knowledge, we use only content that we own or have permission to use. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the owner’s prior written permission. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
You are solely responsible for your conduct on the Website.
7. Consent to be contacted.
You consent to us contacting you through the contact information you provide us through the Website.
8. Intellectual Property.
- TrademarksThe “Village ShopRite” name and all associated graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, or trade dress in the United States. Village ShopRite’s trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Village ShopRite.
- SubmissionsYou acknowledge and agree that any submissions (including applications, questions, comments, suggestions, ideas, feedback, or other information) provided by you to us through the Website are non-confidential and shall become the sole property of Village ShopRite.
- Copyright ComplaintsIf you believe that any material on the Website infringes upon any copyright which you own or control, you may send a written notification of such infringement to our designated agent as set forth below:James Stevens, Esq.
733 Mountain Avenue
Springfield, NJ 07081
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication including the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works at that site;
- 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;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9. Third Party Consent.
The Website may contain third-party content links to third-party web sites that are not owned or controlled by us. We have no control over and are not responsible for any third-party content or websites accessed through the Website. This Terms of Use does not apply to third-party websites. If you decide to access the third-party websites, you do so at your own risk.
10. Disclaimers.
We reserve the right to change any and all content contained on the Website and any service offered through the Website at any time without notice.
We provide the Website “AS IS” and assume no responsibility for any failure to provide the Website to you. The Website may be temporarily unavailable from time to time for maintenance or other reasons. We may discontinue the Website or any goods or services available through the Website at any time and for any reason. We are not responsible for any problems or technical malfunction of any telephone or cable network or lines, servers or providers, computer equipment, software, failure of email, or technical problems or traffic congestion on the Internet or on the Website, including injury or damage to Users or to any other person’s devices related to or resulting from use of the Website.
Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any user data, financial damages, lost profits, loss of business, or personal injury or death, resulting from anyone’s use of the Website. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.
11. Limitation of Liability.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED OR PROHIBITED, IN NO EVENT WILL VILLAGE SHOPRITE OR ANY OF ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF ANY OF US IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE OR PRODUCT AT ISSUE OR $1,000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR A SERVICE OR PRODUCT, YOU SHALL BE LIMITED TO, AT MOST, INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.
12. Disputes, Governing Law, Venue, and Jurisdiction.
By visiting or using the Website, you agree that these Terms of Use shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, then we nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. The language of these Terms of Use shall be construed as to its fair meaning and not strictly for or against any party.