Terms & Conditions
1. Description of Service (a) MrGrocers is providing an online grocery shopping and delivery service. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees related with such connection. (b) MrGrocers's employees, agents or designees will shop and deliver grocery orders placed with MrGrocers.com. Delivery will be made to the address specified by you, the Member when the order is placed. Shipping or delivery information incorrectly stated in the order may cause a delay of up to two days in delivery. The cost of a second delivery due to incorrect address information is $20 and it shall be the purchaser's responsibility. Please check all shipping information carefully, especially zip code information. (c) Full payment for groceries and associated shopping and delivery fees is due at the time the order is placed. You, the Member are responsible for ensuring that someone will be present at the delivery address to receive the delivery on the scheduled day/time. You must allow a one (1) hour to two (2) hour window of time for these deliveries. If this is not possible, you must notify us when the order is placed. If no one is present at the designated delivery date/time and a second delivery is necessary, you will be charged a $20 fee. (d) If you wish to have us leave the order "unattended", you must give us specific delivery directions at the time the order is placed. If you have chosen to have us leave an order unattended, and as long as we have followed your written directions, we are not responsible for damage or theft of these unattended orders. (e) If MrGrocers is responsible for missing a delivery day/time (beyond the two hour "window"), MrGrocers is responsible for making the delivery on a date/time that is mutually agreed upon by both parties. (f) If you are not satisfied for any reason with an item purchased through MrGrocers, you may return it and the purchase amount will be credited toward your next order, credited toward your credit card account, or sent to you by mail.
2. Disclaimer of Warranties. The site is provided by MrGrocers on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, MrGrocers makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. MrGrocers shall have no liability for any interruptions in the use of this Website. MrGrocers disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability MrGrocers SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MrGrocers SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MrGrocers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
4. Indemnification Member agrees to indemnify and hold MrGrocers, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
6. Modifications and Interruption to Service MrGrocers reserves the right to modify or discontinue the Service with or without notice to the Member. MrGrocers shall not be liable to Member or any third party should MrGrocers exercise its right to modify or discontinue the Service. Member acknowledges and accepts that MrGrocers does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
8. Disclaimer Regarding Accuracy of Vendor Information Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While MrGrocers makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. MrGrocers makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
10. Compliance with Laws Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
11. Copyright and Trademark Information All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is Â© 2008 MrGrocers, with ALL RIGHTS RESERVED, or is the property of MrGrocers and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of MrGrocers is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of MrGrocers. MrGrocersâ„¢ and MrGrocers.comâ„¢ are proprietary marks of MrGrocers.com. MrGrocers's trademarks may not be used in connection with any product or service that is not provided by MrGrocers, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MrGrocers. All other trademarks displayed on MrGrocers's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with MrGrocers.
12. Notification of Claimed Copyright Infringement Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, MrGrocers.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Telephone: 888-630-SHOP 888-630-SHOP Email: customerservice@MrGrocers.com
13. Botnets MrGrocers retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, MrGrocers reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.