TERMS AND CONDITIONS FOR MOBILE APPLICATION

PLEASE BE ADVISED THAT BY ACCESSING OR USING THIS WEBSITE AND APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These terms apply to your access to, and use of, all or part of any website or mobile application of Big Y Foods, Inc. and any other site, mobile application or online service where these Terms of Use are posted (collectively, the “Sites”). These Terms of Use do not alter in any way the terms or conditions of any other agreement, you may have with Big Y Foods, Inc. for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity agrees to indemnify you and Big Y Foods, Inc. for violations of these Terms of Use. This agreement contains disclaimers and other provisions that limit our liability to you

In the event there is any conflict or inconsistency between these Terms of Use and any other terms of use that appear on the Sites, these Terms of Use will govern. However, if you navigate away from the Sites to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of that site.

Big Y Foods, Inc. reserves the right to change or modify these Terms of Use or any policy or guideline of the Sites, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sties will confirm your acceptance of such changes or modifications, therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of our Sites. If you do not agree to the amended terms, you must stop using the Sites.

DISCLAIMER

The materials and information of the Sites may include technical inaccuracies or typographical errors. The materials, information and services on the Sites are provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, Big Y Foods, Inc. disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Site and the information, content and material contained therein.

Eligible individuals may enroll in the Big Y membership program. Only one (1) membership may be associated with each authorized account holder. Additional, or duplicated memberships attributable to existing account holders are not allowed and may be terminated or consolidated at Big Y’s sole discretion.

COPYRIGHT, LIMITED LICENSE AND TRADEMARK

Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the Big Y Foods, Inc. logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Big Y Foods, Inc. or it licensors or users and are protected by U.S. and International copyright laws.

You are, however, granted a limited, non-sublicensable license to access and use the Sites and Site Materials for personal, informational and shopping purposes only.

Big Y Foods, Inc. and the Big Y logo are registered trademarks of Big Y Foods, Inc. All other Big Y trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Sites are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise the property of Big Y Foods, Inc. or its affiliates or licensors. You many not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Big Y Foods, Inc. or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name or indicia of origin.

RESTRICTIONS ON USE

By using the Sites, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Sites any unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, or abusive content. While Big Y Foods, Inc. does not control or take any responsibility for any content that is posted, stored, or uploaded, it reserves the right to restrict your usage without notice.

LINKING

This Site links to other websites on the Internet. Big Y Foods, Inc. assumes no responsibility for material found on other sites. You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for noncommercial purposes, provided such links do not portray Big Y Foods, Inc. in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time without any notice.

LIMITATION ON LIABILITY

To the maximum extent permitted by applicable law, Big Y Foods, Inc. and its officers, directors, employees, shareholders or agents shall not be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, date, contracts, use of money, loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use the Sites, the content or the materials contained in or accessed through the Sites, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from Big Y Foods, Inc., or that result from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Big Y Foods, Inc.'s records, programs or services. In no event shall the aggregate of liability of Big Y Foods, Inc., whether in contract, warranty, tort (including negligence, whether active, passive or imputed) product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Sites exceed any compensation you pay, if any, to Big Y Foods, Inc. for access to or use of the Sites. Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not pally to you.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Big Y Foods, Inc., its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including but not limited to attorneys' fees) arising out of or related to (a) your use of the Sites; (b) any content or ideas you provide; (c) your violation of these Terms of Use; (d) your violation of any rights of another; or (e) your conduct in connection with the Sites.

TERMINATION

Notwithstanding any of these Terms of Use, Big Y Foods, Inc. reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to, and use of, the Sites.