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Terms For Use of the Grocers Supply Site


Welcome to GrocersSupply.com! This site provides access to information for our business associates in order to efficiently execute the grocery distribution process benefiting consumers.


Access to most of the information on the site is accomplished through the use of a customer identification number and password ("Customer Information") which are issued from the M.I.S. department of Grocers Supply in Houston, Texas. These secured numbers are available to certain individuals operating retail stores, brokerage houses, and specific representatives of manufacturers engaged in an ongoing business relationship with Grocers Supply. As a condition to visiting and using the web sites generally, you must agree, without modification, to these terms of use. We may also ask you to follow additional rules, guidelines or other conditions that govern the use of this site.


For your protection and the protection of our other customers, we ask you not to share Customer Information with another person for the purpose of facilitating their access and unauthorized use of this site. You alone are reponsible for all messages posted, statements made, or acts or omissions that occur through the use of your Customer Information.


Consumers are welcome to this site, however navigation is restricted to the home page and consumer section of the site.


Grocers Supply has taken steps to secure all proprietary information utilized on this site, however no data transmission over the Internet is 100% secure and any information disclosed online can be collected and used by parties other than the intended recipient.


The Grocers Supply web site provides links to other sites. Grocers Supply shall not be responsible for any failure on the part of any linked web sites to comply with contractual or other legal obligations to which the operators of such sites may be subject.


UNAUTHORIZED USE OF YOUR INFORMATION


If you believe that someone has used your Customer Information to access this site without your authorization, please Email for information.


REVISIONS AND RELATION TO OTHER AGREEMENT OR DISCLOSURES

Grocers Supply may revise the terms and conditions at any time, and you agree to be bound by future revisions. It is your responsibility to review the most current terms and conditions. Your customer relationship with Grocers Supply may be governed by other agreements. Grocers Supply may also offer other services from time to time that are governed by different or additional terms and conditions.


DISCLAIMER OF WARRANTY


You expressly agree that use of the site and the Internet is entirely at your own risk. Grocers Supply, the site and its contents are provided on an "AS IS", "AS AVAILABLE" basis and Grocers Supply makes no representations or warranties of any kind, whether express or implied, with respect to the site or its contents or with respect to any information, services and products provided through or in connection with the site and Grocers Supply does not adopt any representation or warranty of any manufacturer or merchant of any such information, service or products. To the fullest extent permissible pursuant to applicable law, Grocers Supply disclaims all such representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, products or services. Grocers Supply does not warrant that the functions provided by the site will be uninterrupted or error-free, or that this site or the server(s) that make it available are free from viruses or other harmful components. Grocers Supply does not warrant the accuracy, completeness or timeliness of the information, text, graphics, links, or other items contained in this site. The availability, selection, prices and other characteristics of products and merchandise described on this site will change from time to time. Grocers Supply provides no guarantee against the possibility of deletion, mis-delivery or failure to store communications, personalized settings, or other data. Grocers Supply expressly disclaims all liability for errors or omissions in, or the misuse or misinterpretation or, any information contained on this site. Grocers Supply may change information contained on this site at any time and makes no commitment to update the information contained on this site. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THIS SITE.


LIMITATION OF LIABILITY


Neither Grocers Supply nor any of its directors, employees, affiliates, agents, representatives, third party information providers, or merchants shall be liable for damages arising out of or in connection with the use of, or the inability to use, the site or the Internet. This is a comprehensive limitation of liability that applies to all damages of any kind.


In no case shall Grocers be liable for compensatory, direct, indirect, consequential, special or incidental damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Arising from your use of the site, the Internet or for any other claims related in any way to your relationship with Grocers. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental or special damages, in such states and jurisdictions liability is limited to the greatest extent permitted by law.


INDEMNIFICATION


You agree to defend, indemnify and hold Grocers harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through use of your account. Under no circumstances, including but not limited to a negligent act, will Grocers Supply or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, this site, even if a Grocers Supply authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


GROCERS SUPPLY LICENSE TO YOU


Unless otherwise indicated, any communications or material of any kind that you email, post or otherwise transmit, including data, questions, comments, or suggestions ("User Communications") will be treated as non-confidential and nonproprietary. You hereby grant license to Grocers Supply to reproduce, disclose, transmit, publish, broadcast, or post your USER Communications with no liability or obligation to you. Grocers Supply is free to use any ideas, concepts, know-how, or techniques contained in your User Communications for any purpose including, but not limited to, developing and marketing products using such information.


MODIFICATIONS TO GROCERS SUPPLY'S WEB SITE


Grocers Supply reserves the right to modify or discontinue, temporarily or permanently, this site(or any part thereof) with or without notice. You agree that Grocers Supply will not be liable to you or to any third party for any modification, suspension or discontinuance of this site.


GOVERNMENT LAW


This agreement, and all future agreements you shall enter into with Grocers Supply, unless otherwise indicated on such other agreement, shall be governed by the law of the state of Texas, without regard to conflicts of law principles therof. This is the case regardless of whether you reside or transact business with Grocers Supply in Texas or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Harris, Texas. If any part of this site is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.


YOUR SIGNATURE


By accepting the Customer Information assigned to you by Grocers Supply and using this site, you acknowledge that you have read and understood this Agreement's terms and conditions and by using this site you will be signing this Agreement with a binding electronic signature.