Fine Fare Supermarkets

Last Updated: 06/13/12

Welcome! Please take a moment to scroll down and read these Terms of Use.

Retail Grocers Group, Inc. (“Retail Grocers Group,” “we,” “us,” or “our”) owns and operates the website located at www.finefaresupermarkets.com (the “Site”). Through the Site, we offer an online service (the “Services”) that allows users to receive circulars and advertising materials (“Store Content”) from their choice of Fine Fare Supermarket stores (each, a “Store”). By browsing the public areas of the Site or by accessing and using the Service, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use. If you do not agree to any of these terms, then please do not use the Services. These Terms of Use may be updated by us from time to time without notice to you. Registration You are welcome to browse the Site as a visitor without providing any information to us. If you choose to use the Service, you will need to register as a user (a “Registered User”) by creating an account on this Site. During the registration process, you will have to provide your name and email address and create a password for your user account. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse on this Site.

Registration

You are welcome to browse the Site as a visitor without providing any information to us.If you choose to use the Service, you will need to register as a user (a “Registered User”) by creating an account on this Site. During the registration process, you will have to provide your name and email address and create a password for your user account. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse on this Site

Use of Personal Data

Your use of the Site may involve the transmission to us of certain personally-identifiable information (the “Personal Data”). Our policies with respect to the collection and use of Personal Data are governed according to our Privacy NoticePrivacy NoticePrivacy Notice page, which is hereby incorporated by reference in its entirety.

Intellectual Property

The Site contains material, such as text, graphics, images, and other material provided by or on behalf of Retail Grocers Group (collectively referred to as the “Content”). The Content may be owned by us or by third parties, and is protected under both United States and foreign laws. The Content includes, but is not limited to, the trademarks, service marks, and logos of Retail Grocers Group used and displayed on the Site, which are registered and unregistered trademarks or service marks of Retail Grocers Group and/or its licensors.

Except as otherwise provided in this Agreement, you have no rights in or to the Content, and you must not:

-Use the Content except as permitted under this Agreement;

-Use our trademarks except with our permission for each use;

-Remove any copyright or other proprietary notices contained in the original Content on any copy you make of the Content;

-Sell, transfer, assign, license, sublicense, or modify the Content or use the Content for any public or commercial purpose;

-Use or post the Content on any other website or in a networked computer environment

Unsolicited Information

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information .

Disclaimer and Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED AS IS, AS AVAILABLE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RETAIL GROCERS GROUP DOES NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. RETAIL GROCERS GROUP SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES. THE STORE CONTENT IS PROVIDED BY THIRD PARTY STORES.

THE STORES ARE INDEPENDENTLY OWNED COMPANIES, OPERATING UNDER THE “FINE FARE SUPERMARKETS” NAME. RETAIL GROCERS GROUP IS NOT RESPONSIBLE FOR, SHALL HAVE NO LIABILITY FOR, AND MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING, ANY STORE CONTENT, PRODUCTS SUPPLIED BY THE STORES, OR ANY ACT OR OMISSION OF ANY STORE. YOU ASSUME ANY AND ALL RISK AND LIABILITY ASSOCIATED WITH THE FOREGOING.

IN NO EVENT SHALL RETAIL GROCERS GROUP BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF RETAIL GROCERS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL RETAIL GROCERS GROUP’S LIABILITY FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OF USE OR RELATING THERETO, EXCEED, ONE HUNDRED DOLLARS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS RETAIL GROCERS GROUP’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE, THE SERVICES OR THE CONTENT IS TO STOP USING THIS SITE.

External Sites

This Site or the Services may contain links to third-party websites (“External Sites”), but Retail Grocers Group does not endorse and is not responsible for the content of any linked External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.

Advertisements on this Site

We, in our sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by us. Your correspondence or any other dealings with advertisers found on the Site are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on the Site.

Indemnification

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Site, or the Service, and (iii) your violation of any intellectual property or other right of any third party.

Compliance with Applicable Laws

The Site and Service are intended to be used only by residents of the United States that are age 13 years or older. We make no claims concerning whether any Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or Service from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Termination

We may terminate these Terms of Use and your access to all or any part of the Site or Service at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site or Service at any time without prior notice or liability.

If you believe this Site contains any Content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:

-An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

-A description of the copyrighted work that you claim has been infringed;

-A description of where the material that you claim is infringing is located on the Site;

-Your address, telephone number and email address;

-A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

-A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

To contact our Copyright Agent by regular mail, please write to:

Retail Grocers Group, Inc.

455 16th Street

Carlstadt, NJ 07072

To contact our Copyright Agent by email, please write to info@finefaresupermarkets.com, with COPYRIGHT NOTICE in the subject line.

Miscellaneous

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. This section, the section entitled Indemnification, and the section entitled Disclaimer, Limitation of Liability and Intellectual Property shall survive the termination of these Terms of Use. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use and any other agreements between the parties entered into through this Site shall be governed by and construed in accordance with the laws of theState of New Jersey. Except for proceedings commenced by Retail Grocers Group to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New Jersey. These Terms of Use contain the entire agreement of the parties concerning the subject matter hereof and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.

Questions or comments regarding this Site, including any reports of non-functioning links, should be submitted using our email address info@finefaresupermarkets.com.

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